BVA9504708 DOCKET NO. 93-14 209 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Roanoke, Virginia THE ISSUE Entitlement to an increased evaluation for anisocoria and opacities of the right cornea. REPRESENTATION Appellant represented by: Disabled American Veterans ATTORNEY FOR THE BOARD Sandra L. Smith, Associate Counsel INTRODUCTION The veteran had active service from October 1944 to October 1946 and from November 1948 to October 1949. This appeal is before the Board of Veterans' Appeals (the Board) from a June 1992 rating decision of the Regional Office (RO) which denied a increased evaluation for anisocoria and opacities of the right cornea. The case is now ready for appellate review. REMAND Historically, the veteran was afforded a VA medical examination in 1953. The medical examiner noted that the veteran's right cornea had 2 round superficial opacities. In addition, the left pupil was larger than the right. In a subsequent rating decision, dated in June 1953, the veteran was granted service connection and assigned a noncompensable evaluation for anisocoria and opacities of the right cornea with normal vision. This rating has continued to the present time. The veteran contends that the severity of his service-connected eye disorder warrants a compensable disability evaluation. The VA has a duty to assist the veteran in developing pertinent information relating to his claim pursuant to 38 U.S.C.A. § 5107(a) (West 1991). The Court of Veterans Appeals (the Court) has held that the duty to assist also includes providing a thorough and contemporaneous medical examination, which takes into account prior medical evaluations and treatment. Green v. Derwinski, 1 Vet.App. 121 (1991). In this case, it has been many years since the veteran was afforded a VA special eye examination for the purpose of evaluating his service-connected eye disability. In addition, the Board notes that although the RO has not addressed the issue of entitlement to service connection for glaucoma, the visual field loss associated with glaucoma has apparently been considered in determining the degree of impairment associated with the veteran's service-connected eye disorder. Additional clarification in this regard is indicated. The Court has also held that when the Board concludes the medical evidence of record is insufficient it may supplement the record by ordering a medical examination. Colvin v. Derwinski, 1 Vet.App. 171 (1991). In light of the aforementioned, and consistent with the VA's duty to assist the veteran in the development of his case, the Board concludes that additional development is warranted. Accordingly, this case is REMANDED for the following: 1. A special VA ophthalmologic examination should be scheduled to determine the severity of the veteran's service-connected anisocoria and opacities of the right cornea, in accordance with the VA's Physician's Guide for Disability Evaluation Examinations. The veteran's complaints should be noted, all pertinent studies should be done, and all findings should be reported in detail. In particular, the examination should include findings with regard to the veteran's visual acuity, as determined by ophthalmolgical testing. A comprehensive report, with attention to the history of the disability, should be furnished and associated with the veteran's claims folder. The examiner should provide an opinion as to the etiological or causal relationship, if any, between any current eye disability, including glaucoma, and the veteran's service-connected disability. The examiner should also, to the extent possible, differentiate the symptoms and findings of each eye disorder. The claims folder should be made available to the examiner for review prior to the examination. 2. The RO should then review the veteran's claim. If the claim remains denied, the veteran and his representative should be provided with a supplemental statement of the case which includes all issues and any additional law and regulations which may pertain to the veteran's claim. A full discussion of action taken on the veteran's claim should be included, consistent with the Court's instruction in Gilbert v. Derwinski, 1 Vet.App. 49 (1990). Reasonable response time should be allowed. The case should then be returned to the Board, if in order, after compliance with all customary appellate procedures. No action is required of the veteran until he is so informed. The Board intimates no opinion as to the ultimate decision warranted in this case, pending completion of the requested development. HOLLY E. MOEHLMANN Member, Board of Veterans' Appeals The Board of Veterans' Appeals Administrative Procedures Improvement Act, Pub. L. No. 103-271, § 6, 108 Stat. 740, ___ (1994), permits a proceeding instituted before the Board to be assigned to an individual member of the Board for a determination. This proceeding has been assigned to an individual member of the Board. Under 38 U.S.C.A. § 7252 (West 1991), only a decision of the Board of Veterans' Appeals is appealable to the United States Court of Veterans Appeals. This remand is in the nature of a preliminary order and does not constitute a decision of the Board on the merits of your appeal. 38 C.F.R. § 20.1100(b) (1994).