Citation Nr: 0003948 Decision Date: 02/15/00 Archive Date: 02/23/00 DOCKET NO. 97-32 395A ) DATE ) ) On appeal from the Department of Veterans Affairs Medical and Regional Office Center in Wichita, Kansas THE ISSUE Entitlement to service connection for glaucoma. REPRESENTATION Appellant represented by: The American Legion WITNESS AT HEARING ON APPEAL Veteran ATTORNEY FOR THE BOARD Edward Walls, Associate Counsel INTRODUCTION The veteran served on active duty from April 1969 to April 1989. His appeal comes before the Board of Veterans' Appeals (Board) from a June 1997 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Wichita, Kansas. Although the veteran did not submit a timely written substantive appeal, the Board will accept the testimony at his October 1997 RO hearing as a timely substantive appeal so that his appeal will not be denied on procedural grounds. FINDING OF FACT During a December 1988 ophthalmology consultation, an examiner suspected that the veteran had glaucoma because of a history of increased intraocular pressure. CONCLUSION OF LAW The veteran's claim of entitlement to service connection for glaucoma is well grounded. 38 U.S.C.A. § 5107(a) (West 1991). REASONS AND BASES FOR FINDING AND CONCLUSION The veteran has contended that he was diagnosed with high intraocular pressure in both eyes while he was in active military service. He has reported that he first began taking medication for glaucoma in November 1997 after he was positively diagnosed with the disease. Service medical records show that the veteran was found to have ocular hypertension while he was in active service in November 1988. He was referred for an ophthalmology consult in December 1988, at which time glaucoma was suspected due to a history of increased intraocular pressure. Since the veteran's retirement from active military service, he has been examined numerous times because of the high pressure in his eyes. The veteran testified during his October 1997 RO hearing that a military examiner told him to be checked for glaucoma frequently after his separation from active military service because he was at high risk for developing the disease. A VA examination report dated in November 1997 reflects that the veteran had early signs of open angle glaucoma. Considering that report, in conjunction with the reports of high ocular pressure in November 1988 and December 1988, the Board finds that the veteran has presented a well- grounded claim of service connection for glaucoma. ORDER The veteran's claim of entitlement to service connection for glaucoma is well grounded. REMAND Because the veteran has presented a well-grounded claim for service connection for glaucoma, the VA has a duty to assist him in the development of that claim. 38 U.S.C.A. § 5107(a) (West 1991). The November 1997 medical note reflects that the veteran had early signs of POAG [Primary Open Angle Glaucoma]. A July 1998 VA medical note indicates that the veteran was suspected of having glaucoma because of his elevated intraocular pressure. The record is currently unclear as to whether the veteran has glaucoma, or if he suffers from intraocular hypertension. The core issue in this case is whether the veteran's glaucoma, if he in fact currently suffers from the disease, manifested itself while he was in service. If the veteran's glaucoma did manifested itself at that time, he is entitled to service connection; however, if the elevated intraocular pressure in December 1988 did not represent an early manifestation of glaucoma, the veteran is not entitled to service connection. As stated above, the examiner who performed the ophthalmology consult in December 1988 suspected that the veteran had glaucoma at that time. Thus, this case must be REMANDED to clarify the record as to whether the intraocular hypertension represented an early manifestation of glaucoma during the veteran's period of active service. In light of these findings, the RO should perform the following development: 1. The RO should afford the veteran a VA ophthalmology examination to determine conclusively whether he currently suffers from glaucoma. All tests deemed appropriate should be performed, and the VA examiner should have the claims folder available before and at all times during the examination. The examiner is also requested to ascertain whether the veteran's ocular hypertension in December 1988 represented an early manifestation of glaucoma, and to associate an appropriate medical opinion with the claims file. 2. After the above development is accomplished, the RO should readjudicate the issue of entitlement to service connection for glaucoma. If the decision remains adverse to the veteran, the RO should issue a Supplemental Statement of the Case, and allow the veteran and his representative an appropriate amount of time to respond. The case should then be returned to the Board for appellate consideration. The purpose of this REMAND is to obtain additional development, and the Board does not intimate any opinion as to the merits of the case, either favorable or unfavorable, at this time. The veteran has the right to submit additional evidence and argument on the matter the Board has remanded to the regional office. Kutscherousky v. West, 12 Vet.App. 369 (1999). WARREN W. RICE, JR. Member, Board of Veterans' Appeals Under 38 U.S.C.A. § 7252 (West 1991 & Supp. 1999), only a decision of the Board of Veterans' Appeals is appealable to the United States Court of Appeals for Veterans Claims. 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) (1999).