Citation Nr: 22016310
Decision Date: 03/21/22	Archive Date: 03/21/22

DOCKET NO. 16-30 147
DATE: March 21, 2022

REMANDED

An increased rating for bilateral retinopathy, status post cataract surgery, in excess of 20 percent from September 30, 2013 to September 15, 2015, and in excess of 30 percent thereafter, is remanded.

REASONS FOR REMAND

The Veteran, who is the appellant, served on active duty from June 1968 to May 1970. 

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a Department of Veterans Affairs (VA) Regional Office (RO) rating decision issued in July 2014 that denied a rating in excess of 20 percent for the bilateral eye disability. 

In a May 2016 statement of the case (SOC), the agency of original jurisdiction (AOJ) denied a rating in excess of 20 percent for the rating period from from September 30, 2013 (date of claim for increased rating) to September 15, 2015, and granted a 30 percent rating for the period from September 15, 2015.  The Veteran was notified of this partial award in May 2016.  Following a statement of the case, the Veteran submitted a VA Form 9 in June 2016, perfecting the appeal. 

The Veteran testified before the undersigned Veterans Law Judge during a July 2021 virtual hearing.  A transcript of the hearing is of record. 

Increased rating for bilateral retinopathy, status post cataract surgery, is remanded.

Additional relevant evidence has been added to the record following the October 2016 supplemental statement of the case (SSOC).  A January 2022 waiver request letter was issued to the Veteran and representative.  In February 2022, the Veteran requested the Board to remand the case to the AOJ for review of the additional evidence.  For this reason, and at the Veteran's request, the Board will remand the issue of increased rating for bilateral retinopathy for AOJ review.  See 38 C.F.R. §§ 19.31, 19.37, 20.1305(c). 

The matters are REMANDED for the following action:

Readjudicate the claim for increased rating for bilateral retinopathy, status post cataract surgery.  The rating period is from September 30, 2013.  Specifically consider the October 2021 eye examination and VA treatment records that were associated with the claims file after the appeal was certified to the Board.  

 

 

J. PARKER

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Y. Taylor

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.