Citation Nr: 21029102
Decision Date: 05/12/21	Archive Date: 05/12/21

DOCKET NO. 16-12 406A
DATE: May 12, 2021

REMANDED

Entitlement to service connection for an eye disability, to include cataracts, is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the United States Marine Corps from June 1975 to October 1979.  He served on active duty in the United States Air Force from January 1991 to July 1991 and from May 2006 to October 2006. This matter is before the Board of Veterans' Appeals (Board) following his appeal of an August 2013 rating decision.

In October 2019, the Veteran testified at a video conference hearing before the undersigned Acting Veterans Law Judge.  A transcript of the hearing is of record. 

Entitlement to service connection for an eye disability, to include cataracts, is remanded.

The Veteran has asserted that he has several vision problems  including dry eye, cataracts, glaucoma, visual field deficit, and pseudophakia  that are related to his period of active duty service in Iraq.  The record documents his treatment for eye conditions upon his return from Iraq.  See, e.g., March 2007 VA Optometry Note.

The Board remanded this claim in March 2020 to obtain an additional VA examination. The Veteran underwent the requested examination in November 2020, and diagnoses of bilateral cataracts, dry eyes, pseudophakia, glaucoma, and bilateral visual field deficits were noted.  Unfortunately, the examiner provided conclusory opinions, only, and did not address whether reported environmental exposures such as exposure to bright sunlight, extreme heat, burn pit emissions, and other airborne particulate matter, including sand, without having protective eyewear, likely caused his current eye disorders.  

Although the Board regrets further delay, in light of the foregoing inadequacies in the November 2020 VA examination, an additional opinion is needed on remand.

Accordingly, the matter is REMANDED for the following action:

Send the claims file to an appropriate VA examiner to determine the nature and etiology of any eye conditions, including but not limited to bilateral cataracts, dry eyes, pseudophakia, glaucoma, and bilateral visual field deficits.  If a new examination is deemed necessary to respond to the question posed, one should be scheduled.  Following review of the claims file, the examiner should respond to the following:

For each diagnosed eye condition, including but not limited to, cataracts, dry eye, pseudophakia, glaucoma, and visual field defects, is it at least as likely as not (50 percent probability or more) that the disability had its onset in service or is otherwise related to service?  Please explain why or why not, specifically considering and discussing (1) the onset and removal of the Veteran's cataracts; (2) his report of experiencing dry and burning eyes while stationed in Iraq; and (3) his descriptions of his exposure, without protective eyewear, to bright sunlight, extreme heat, burn pit emissions, and other airborne particulate matter, including sand, while stationed in Iraq in 2006.

Please note that the Veteran is competent to report symptoms, treatment, and injuries, and that his reports must be taken into account in formulating the requested opinions.

A complete rationale for the opinions rendered must be provided.  If you cannot provide the requested opinions without resorting to mere speculation, please expressly indicate this and state why that is so. 

 

 

L. STEPANICK

Acting Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	K. Veltri, Associate Counsel

The Board's decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.