Citation Nr: 21040559
Decision Date: 07/06/21	Archive Date: 07/06/21

DOCKET NO. 14-28 660
DATE: July 6, 2021

REMANDED

Entitlement to service connection for a left eye disability is remanded.

REASONS FOR REMAND

The Veteran had active duty service from July 1991 to May 1996.

This matter comes before the Board of Veterans' Appeals (Board) from a March 2012 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO).

The Board remanded the Veteran's claim in March 2021. For reasons detailed below, the Board does not find that its remand directives were substantially complied with. See Stegall v. West, 11 Vet. App. 268, 271 (1998).

1. Entitlement to service connection for a left eye disability is remanded.

Upon remand, the Veteran was afforded an April 2021 VA examination and medical opinion.  The opinion, however, did not address, as requested, the March 2011 VA examiner's medical findings of abnormal optic nerve, pallor, and abnormal vision. As such, unfortunately, another remand is required prior to the adjudication of the claim on appeal to ensure compliance with the Board's March 2021 remand directive. See Stegall v. West, 11 Vet. App. 268, 271 (1998) (Board remand confers a right on a claimant to compliance with the remand order).

The matters are REMANDED for the following action:

Return the Veteran's claims file to the April 2021 VA examiner to obtain an addendum medical opinion, one that reconciles the April 2021 medical findings of no current left eye disability with the March 2011 VA examiner's findings of abnormal optic nerve, pallor, and abnormal vision. If the April 2021 VA examiner is not available, have the file reviewed by a similarly qualified examiner.

 

 

Bethany L. Buck

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	S.R. Fey, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.