Citation Nr: 21032295
Decision Date: 05/26/21	Archive Date: 05/26/21

DOCKET NO. 16-49 948
DATE: May 26, 2021

REMANDED

Entitlement to service connection for left 6th nerve palsy, claimed as blindness, to include as secondary to service-connected coronary artery disease (CAD) is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the United States Army from November 1963 to November 1968, with service in Vietnam from January 1967 to June 1968. 

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a September 2015 rating decision from the Department of Veterans Affairs (VA) Regional Office (RO). 

The Board remanded this claim for additional development in November 2018.  

The Veteran seeks service connection for an eye condition that he contends resulted from his service-connected coronary artery disease (CAD), which is evaluated as 100 percent disabling.  

The September 2015 VA examiner found that subjective diplopia is possibly related to the 6th nerve palsy but was unable to conclude that the disability was definitively related to CAD.  

In November 2018, the Board remanded the claim for an addendum opinion addendum to the September 2015 VA opinion regarding the Veteran's left eye 6th nerve palsy, and if necessary, a new VA medical examination.  

Subsequently, the September 2019 VA examiner opined that he was unable to issue an opinion regarding the Veteran's disability without resorting to mere speculation.  

As the Veteran's representative, the Disabled American Veterans, has pointed out in October 2020 written argument, the September 2019 VA examiner's opinion is inadequate because it does not address the facts of this case or consider the Veteran's lay statements.  

The Board notes that if the VA examiner is unable to opine as to the etiology of the Veteran's disability, the must identify what, if any, additional information would be helpful to issue an addendum opinion.  

The matters are REMANDED for the following action:

1. Obtain any outstanding VA treatment records.

2. Afford the Veteran a VA examination addressing whether the Veteran's eye disability, left 6th nerve palsy, claimed as blindness, is related to, caused by, or aggravated by the Veteran's service-connected coronary artery disease.  

All necessary tests should be conducted.

(i)	The examiner must opine as to whether it is at least as likely as not that the Veteran's eye disability is related to service.

(ii)	The examiner must also opine as to whether it is at least as likely as not that the Veteran's eye disability was caused by a service-connected disability, to specifically include his coronary artery disease. 

(iii)	The examiner must also opine as to whether it is at least as likely as not that the Veteran's eye disability was aggravated by a service-connected disability, to specifically include his coronary artery disease.

If the VA examiner is unable to issue an opinion without resorting to mere speculation, the VA examiner should identify what, if any, additional information would be useful in reaching a conclusion.  

 

 

STEVEN D. REISS

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Ijitimehin, Kemi D.

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.