Citation Nr: 21041897
Decision Date: 07/10/21	Archive Date: 07/10/21

DOCKET NO. 16-58 045
DATE: July 10, 2021

REMANDED

Entitlement to service connection for a left knee disorder is remanded.  

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

REASONS FOR REMAND

The Veteran served on active duty in the United States Coast Guard from May 1972 to March 1977.

These matters come before the Board of Veterans' Appeals (Board) on appeal from a February 2014 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO).

During the appeal period, VA cancelled the accreditation of the Veteran's representative.  The Veteran was notified of this fact in November 2018.  The Veteran was informed of alterative options for representation, and he was informed that if he did not respond identifying new representation, VA would assume the Veteran had elected to represent himself and proceed with the adjudication of his claim.  No response has been received.  Thus, the Board finds the Veteran has elected to represent himself.

In a December 2018 decision, the Board remanded the issues on appeal for further development.  

1. Entitlement to service connection for a left knee disorder is remanded.

The record indicates there are relevant outstanding private treatment records.  An October 2019 VA examination report indicates the Veteran underwent a left knee arthroscopy at Cape Canaveral Hospital in 2012.  No records from that facility are associated with the claims file.  A remand is required to allow VA to obtain authorization and request these records.

2. Entitlement to service connection for a left eye disorder is remanded.

The Veteran was afforded a VA examination for his left eye disorder in November 2019.  The VA examiner diagnosed bilateral nuclear sclerotic cataracts and refractive amblyopia.  However, the VA examiner did not provide a medical opinion on the nature and etiology of the Veteran's bilateral nuclear sclerotic cataracts.  A remand is warranted for an addendum opinion to address this matter.  

The matters are REMANDED for the following action:

1. Ask the Veteran to complete a VA Form 21-4142 for Cape Canaveral Hospital.  Then make two requests for the authorized records from Cape Canaveral Hospital, unless it is clear after the first request that a second request would be futile.

2. Obtain a VA addendum medical opinion to determine the nature and etiology of the Veteran's left eye disorder, specifically his diagnosed nuclear sclerotic cataracts.  If an opinion cannot be rendered without an examination, then a VA examination should be scheduled.  This remand and claims file should be reviewed.  The VA examiner should address the following:

(a.) Is it at least as likely as not that the Veteran's diagnosed left eye disorder, specifically his nuclear sclerotic cataracts, is related to his military service?  The VA examiner need only to address the nature and etiology of the Veteran's nuclear sclerotic cataracts.

3. Then readjudicate the claims.  If any benefit sought is not granted, the Veteran and his representative should be furnished an SSOC and given the requisite opportunity to respond before the case is returned to the Board.

 

 

ERIC MINE

Acting Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	J. Crawford, 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.