Citation Nr: 21031103
Decision Date: 05/20/21	Archive Date: 05/20/21

DOCKET NO. 15-41 591
DATE: May 20, 2021

REMANDED

Entitlement to service connection for an eye condition is remanded.

REASONS FOR REMAND

The Veteran served on active duty from July to September 1980; November 1990 to May 1991; November 2001 to September 2002; and February 2003 to June 2004.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a rating decision of a Department of Veterans Affairs (VA) Regional Office (RO).  

The Veteran testified before the undersigned at a Board videoconference hearing in April 2018. The transcript is of record.

This matter was previously before the Board in March 2019, at which time it was remanded for development. It has been returned to the Board for appellate review. 

1. Entitlement to service connection for an eye condition is remanded.

The Board finds a remand necessary to afford the Veteran an adequate VA examination and medical opinion in connection with his service connection claim.

The Veteran has averred that while stationed in Saudi Arabia, he was exposed to fumes from oil fields, in the wake of which he has experienced symptoms affecting his eyes, including dryness, watering, and blurred vision. VA treatment records reflect that these complaints are longstanding, but that no provider has expressed an opinion regarding a connection between any such exposure and any current eye disability. 

The October 2019 VA examiner confirmed a current diagnosis of dry eye syndrome, adding that the Veteran has lately presented with "significantly reduced vision," but opined that because evidence of complaint or diagnosis in service could not be found, there was "no evidence to link [the] Veteran's diagnosis of dry eyes to his military service." First, the Board finds that the failure to consider the Veteran's consistent lay statements as evidence maligns the opinion. Second, the examiner did not address the Veteran's specific claim that in-service exposure to fumes from oil fields may have caused or contributed to a current eye disability. These defects render the opinion inadequate. 

On remand, a new VA examination must be conducted and an adequate opinion as to etiology obtained.

The matters are REMANDED for the following action:

1. Obtain an addendum opinion as to the etiology of the Veteran's eye disability. The entire claims file should be made available to and be reviewed by the examiner in conjunction with this request. The need for an in-person examination is left to the discretion of the examiner.  

The examiner should identify all current disabilities of the eyes. 

For each diagnosed condition, the examiner should state whether, on an at least as likely as not basis, (50 percent likelihood or greater,) the condition is etiologically related to any aspect of active duty service, to include as a result of in-service exposure to fumes or other irritants associated with service near oil fields. 

The examiner is directed to consider as credible the Veteran's statements with respect to his service in close proximity to oil fields in Saudi Arabia.  

 

 

H.M. WALKER

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Z. Sahraie, 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.