Citation Nr: 22011996
Decision Date: 03/02/22	Archive Date: 03/02/22

DOCKET NO. 18-52 534
DATE: March 2, 2022

REMANDED

Entitlement to service connection for bilateral macular degeneration with retinal detachment, to include as secondary to service-connected disabilities, is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the United States Air Force from April 1960 to April 1968.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a May 2017 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO).  

The Veteran originally elected to have a hearing before a Veterans Law Judge, which was scheduled for January 6, 2022.  On December 14, 2021, the Veteran submitted a written statement indicating that he would like to withdraw his request for a hearing.  While the hearing withdrawal statement could be interpreted as a desire to withdraw the entire appeal, the Veteran's representative submitted a brief continuing to argue the appeal on January 18, 2022.  As such, the Board interprets the Veteran's December 2021 statement as an intention to withdraw his hearing only. 

Entitlement to service connection for bilateral macular degeneration with retinal detachment, to include as secondary to service-connected disabilities, is remanded.

The Veteran contends that he is entitled to service connection for bilateral macular degeneration with retinal detachment, to include as secondary to his service-connected diabetes mellitus and coronary artery disease with atrial fibrillation.

While the Board regrets further delay, a remand is warranted. 

First, the Veteran underwent a VA examination in May 2017 and the examiner opined that it is less likely than not that the Veteran's eye disorders are caused by diabetes because "many people have [macular degeneration] and do not have diabetes."  This opinion is not adequate as it does not discuss any medical literature or provide a thorough supporting rationale as to whether it is at least as likely as not that the Veteran's diabetes mellitus could have caused or aggravated his eye disorders.  Additionally, the Veteran was not service-connected for coronary artery disease at the time, so no opinion was provided on whether the Veteran's eye disorders are related to this service-connected disability.

Next, the Veteran's representative submitted multiple medical articles and studies indicating that diabetes mellitus and/or coronary artery disease may cause or aggravate macular degeneration with retinal detachment.  As such, a new opinion to consider the newly submitted relevant medical literature is warranted.

The matters are REMANDED for the following action:

1. Invite the Veteran to submit any additional evidence in support of his appeal. 

2. Forward the claims file to the VA examiner who conducted the May 2017 VA examination (or to another VA examiner if the original examiner is unavailable) for service connection for bilateral macular degeneration with retinal detachment.  The examiner should review the entire claims file, including this remand, and it would be most helpful if such review were noted.  The examiner should opine whether it is at least as likely as not (i.e. a 50 percent or greater probability) that the Veteran's bilateral macular degeneration with retinal detachment is related to active duty service, to include as due to or aggravated by his service-connected diabetes mellitus and/or coronary artery disease. 

The examiner should consider and discuss the medical studies cited in the Veteran's January 2022 brief.  A new examination is not necessary unless deemed so by the examiner.  A complete rationale should be provided for all opinions.

 

 

M. Pryce

Acting Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	K. Veltri, 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.