Citation Nr: 21039989 Decision Date: 07/02/21 Archive Date: 07/02/21 DOCKET NO. 19-21 816 DATE: July 2, 2021 REMANDED Entitlement to service connection for a right eye condition (claimed as right eye injury) is remanded. REASONS FOR REMAND Entitlement to service connection for a right eye condition (claimed as right eye injury). The Veteran served honorably on active duty from December 1965 to December 1967. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a May 2018 rating decision of a Regional Office (RO) of the Department of Veterans Affairs (VA). The Veteran contends that his current right eye condition, claimed as right eye injury, is related to an assault that took place while he was serving on active duty in 1966, which also injured his left eye. See e.g., May 25, 2021 and May 19, 2020 appellate briefs; June 19, 2018 notice of disagreement (NOD). The February 2021 Board remand directives instructed the RO to obtain a new medical opinion on whether it was at least as likely or not that the Veteran's cataracts are the result of the Veteran's active military service, to include trauma associated with the assault on the Veteran (that caused injury to his head and face) that occurred in 1966. The Board detailed the reasons for finding the VA examination then of record to be inadequate. In May 2021 a VA medical opinion was submitted. The RO then issued a SSOC that same month. In his May 2021 IHP, the Veteran's representative asserted that the newly obtained VA examination opinion was also inadequate. As the May 2021 opinion does not adequately address the lay evidence of record and relies almost exclusively on the lack of prior medical documentation that the cataracts are related to the conceded in-service assault, the Board agrees that this medical opinion is also inadequate. The case must be returned for an addendum opinion. Barr v. Nicholson, 21 Vet. App. 303 (2007). The matters are REMANDED for the following action: 1. Obtain update VA treatment records. 2. Thereafter, obtain an addendum medical opinion from an appropriate VA clinician. The claims file, including a copy of this remand, must be made available to the examiner. The examiner is asked to provide opinions as to the following: (a.) Regarding the Veteran's cataracts of the right eye, state whether it is at least as likely as not (50 percent or better probability) that the cataracts are the result of the Veteran's active military service, to include trauma associated with the assault on the Veteran (that caused injury to his head and face) that occurred in 1966. (b.) The examiner must address the Veteran's argument that his VA physician (named Dr. Kim) indicated that his right eye disability seemed to be the result of trauma, and that the only documented trauma is the in-service incident. See VBMS, documented labeled NOD, receipt date 06/19/2018. The examiner is asked to provide the underlying reasons for all opinions expressed, and is reminded that the term "as likely as not" does not mean "within the realm of medical possibility," but rather that the evidence of record is so evenly divided that, in the examiner's expert opinion, it is as medically sound to find in favor of the proposition as against it. A complete rationale should be given for all opinions and conclusions expressed. The examiner must address the Veteran's lay statements in providing the requested opinion. If the examiner cannot provide an opinion without resort to speculation, the examiner should provide an explanation as to why this is so and must state whether there is additional evidence that would permit the necessary opinion to be made. Nathaniel J. Doan Veterans Law Judge Board of Veterans' Appeals Attorney for the Board S. Ottley III 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.