Citation Nr: 21041301
Decision Date: 07/08/21	Archive Date: 07/08/21

DOCKET NO. 16-03 313
DATE: July 8, 2021

REMANDED

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

REASONS FOR REMAND

The Veteran served on active duty from January 1973 to April 1980.

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

This case was last before the Board in July 2020, when it was remanded to the agency of original jurisdiction (AOJ) for additional development.  After taking further action, the AOJ confirmed and continued the prior denial and returned the case to the Board.  

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

Although the Board sincerely regrets the additional delay, a remand is necessary to ensure that there is a complete record upon which to decide the Veteran's claim and to afford him every possible consideration.

The Board finds that a remand is warranted to obtain missing private treatment records.

During the Veteran's May 2021 VA eye examination, the examiner indicated that the Veteran had been treated by an outside provider.  Those records, if any, have not been associated with the Veteran's file. 

Because the clinical records of the treatment, if obtained, could bear on the outcome of the Veteran's appeal, efforts must be made to procure them.  38 U.S.C. § 5103; 38 C.F.R. § 3.159(c).  See also 38 C.F.R. § 3.159(e)(2) (if VA becomes aware of the existence of relevant records before deciding a claim, VA will, among other things, request that the claimant provide a release for the records).

The matters are REMANDED for the following action:

1. Assist the Veteran in associating with the claims folder updated treatment records.

2. Ask the Veteran to provide a release for relevant records of treatment from any private practitioners or, and to identify, and provide appropriate releases for, any other care providers who may possess new or additional evidence pertinent to the issue on appeal.  Specifically, treatment records from outside providers who have provided treatment for the Veteran's eyes should be sought.  If he provides the necessary release(s), assist him in obtaining the records identified, following the procedures set forth in 38 C.F.R. § 3.159.  Any new or additional (i.e., non-duplicative) evidence received should be associated with the record.  If any of the records sought are not available, the record should be annotated to reflect that fact, and the Veteran should be notified.

3. After the above development, and any additionally indicated development, has been completed, readjudicate the issue on appeal.

 

 

E. I. VELEZ

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	R. Gandhi, 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.