Citation Nr: 21040629
Decision Date: 07/06/21	Archive Date: 07/06/21

DOCKET NO. 16-19 901
DATE: July 6, 2021

REMANDED

Entitlement to an initial compensable rating prior to February 25, 2020, in excess of 10 percent from February 25, 2020, to February 5, 2021, and in excess of 40 percent thereafter for left eye iritis is remanded.

REASONS FOR REMAND

The Veteran served on active duty from March 1982 to March 1986. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a rating decision issued in October 2013 by a Department of Veterans Affairs (VA) Regional Office (RO), which awarded service connection for left eye iritis with a noncompensable rating.  

In March 2017, the Veteran testified at a Board hearing before the undersigned Veterans Law Judge.  A transcript of the hearing is associated with the record. In January 2019 and December 2020, the Board remanded the case for additional development and it now returns for further appellate review. 

During the course of the appeal, increased ratings for the Veteran's left eye iritis were awarded in August 2020 and March 2021 rating decisions, which resulted in the assignment of a 10 percent rating as of February 25, 2020, and 40 percent as of February 5, 2021, respectively. Thus, the issue has been recharacterized to reflect such awards. 

Entitlement to an initial compensable rating prior to February 25, 2020, in excess of 10 percent from February 25, 2020, to February 5, 2021, and in excess of 40 percent thereafter for left eye iritis.

While the Board regrets the additional delay, another remand is necessary in order to obtain outstanding private treatment records authorized through Choice Benefits from Dr. J.R.B. and Colorado Retina Associates that are stored in VA's VistA Imaging system, to include those dated August 4, 2015; October 6, 2015; March 8, 2016; August 3, 2016; February 13, 2017; February 15, 2018; April 13, 2018; July 9, 2018, to September 10, 2018; March 4, 2020; August 10, 2020; and September 17, 2020.    

The matter is REMANDED for the following action:

Obtain outstanding private treatment records authorized through Choice Benefits from Dr. J.R.B. and Colorado Retina Associates that are stored in VA's VistA Imaging system, to include those dated August 4, 2015; October 6, 2015; March 8, 2016; August 3, 2016; February 13, 2017; February 15, 2018; April 13, 2018; July 9, 2018, to September 10, 2018; March 4, 2020; August 10, 2020; and September 17, 2020.

 

 

A. JAEGER

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	C. Kass, 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.