Citation Nr: 23027158 Decision Date: 05/07/23 Archive Date: 05/07/23 DOCKET NO. 19-24 122 DATE: May 7, 2023 ORDER Entitlement to service connection for a right eye condition (peripheral retinal degeneration) is granted. FINDING OF FACT The Veteran's right eye condition is at least as likely as not related to an in-service injury. CONCLUSION OF LAW The criteria for entitlement to service connection for a right eye condition (peripheral retinal degeneration) have been met. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from April 1984 to September 2011. This matter comes before the Board of Veterans' Appeals (Board) on appeal from an October 2017 rating decision. The Veteran was afforded a hearing before the undersigned Veterans Law Judge in August 2021. A transcript of the hearing is associated with the electronic claims file. In March 2022, the Board remanded the issue for further development. That development was completed, and the case has since been returned to the Board for appellate review. 1. Entitlement to service connection for a right eye condition The Veteran contends that his right eye condition first manifested during service and has continued since service. The Board concludes that the Veteran has a current disability that began during active service. 38 U.S.C. §§ 1110, 1131, 5107(b); Holton v. Shinseki, 557 F.3d 1363, 1366 (Fed. Cir. 2009); 38 C.F.R. § 3.303(a). The December 2022 VA examination shows the Veteran has a current diagnosis of peripheral retinal degeneration in the right eye. Thus, the question becomes whether the current disability is related to service. The Veteran was afforded a VA examination in October 2017. The examiner opined that the claimed iritis of the right eye is not at least likely as not incurred in or caused by an in-service injury, event, or illness. The rationale was that the iritis has likely resolved. The Veteran was afforded a VA examination in December 2022. The examiner opined the claimed iritis is less likely than not incurred in or caused by an in-service injury, event, or illness. The examiner reasoned that there is no evidence of recurrent iritis upon examination and the last documentation of iritis was in 2006. The December 2022 VA examiner, however, opined the Veteran's peripheral retinal degeneration was at least as likely as not incurred in or caused by the claimed in-service injury, event, or illness. The examiner reasoned that this condition was first diagnosed in 2007 while the Veteran was still on active service. The Veteran first began noticing visual symptoms at that time. Since then, the frequency of the lights has decreased to two to three times per month and have shifted to his right periphery. Although flashes of light are not a common symptom of uncomplicated peripheral retinal degeneration, it cannot be overlooked that the Veteran became symptomatic at the time of his diagnosis. As there is evidence of a current disability, evidence of in-service incurrence of an injury, and evidence of a nexus between the in-service injury and the present disability, service connection for a right eye condition (peripheral retinal degeneration) is warranted. TANYA SMITH Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Alexia E. Palacios-Peters, 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.