Citation Nr: 21040096 Decision Date: 07/02/21 Archive Date: 07/02/21 DOCKET NO. 14-20 687A DATE: July 2, 2021 REMANDED Service connection for a bilateral ocular disability (other than loss of visual acuity in the right eye) to include as secondary to diabetes mellitus is remanded. REASONS FOR REMAND The Veteran served in the United States Army from August 30, 1972 to August 29, 1975. This matter comes to the Board of Veterans' Affairs (Board) on appeal from a May 2012 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). This appeal is being adjudicated under the legacy appellate framework. The Veteran testified at a personal hearing before the Board in September 2018, and a transcript of the hearing is of record. This matter was previously before the Board, and, in February 2019, the Board remanded this matter for further development. In July 2020, the Board denied the Veteran's claim, and, in April 2021, the Court of Appeals for Veterans Claims (Court) vacated the Board's disposition and remanded the matter back to the Board for further consideration. Service connection for a bilateral ocular disability (other than loss of visual acuity in the right eye) to include as secondary to diabetes mellitus is remanded. In April 2021, the Court granted a Joint Motion for Partial Remand (JMPR). In the JMPR, the parties determined that an additional medical opinion was required prior to the disposition of the Veteran's claim. Specifically, the parties observed that the Veteran's VA treatment records noted that the Veteran had been diagnosed with diabetic retinopathy; however, a November 2019 VA examination found that the Veteran did not have diabetic retinopathy or any signs of diabetic eye disease. The JMPR notes that the November 2019 did not address the treatment records reflecting a diagnosis of diabetic retinopathy. Therefore, this matter must be remanded in order to provide a medical opinion in substantial compliance with the JMPR. Stegall v. West, 11 Vet. App. 268 (1998). The matters are REMANDED for the following action: Arrange to provide the Veteran with a VA examination in order to address the following: (a.) Is it at least as likely as not (50 percent or more) that the Veteran has diabetic retinopathy? Why or why not? If so, then please describe any and all symptoms associated with diabetic retinopathy and their severity. Please also indicate whether there are any symptoms that are similar to or duplicative of the Veteran's previously service-connected astigmatism of the right eye. (b.) Is it at least as likely as not (50 percent or more) that the Veteran has a ocular disability (to include diabetic retinopathy) that is proximately due to or aggravated by a previously service-connected disability? Why or why not? (c.) Please discuss the medical significance, if any, of any treatment records (including August 28, 2019 Optometry Consultation; August 31, 2017 Optometry outpatient note; August 1, 2018 Optometry outpatient note; February 24, 2009 Optometry consultation note) which indicate that the Veteran was diagnosed with "D[M] s retinopathy OU[.]" Why? DAVID L. WIGHT Veterans Law Judge Board of Veterans' Appeals Attorney for the Board D. Seaton 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.