The veteran's appeal is being remanded for further development of the evidence, including obtaining SSA records and considering a claim for clear and unmistakable error in the November 1996 rating decision. The earlier effective date claims are also being remanded.
The deciding factor: Further development of the evidence is needed to determine if there was an error in the November 1996 rating decision that should be corrected, as well as to establish an appropriate effective date for service connection and TDIU.
- Claimed conditions
- photophobia
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 2, 2004
- Citation
- 0429612
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 0429612.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Veteran's claims for service connection for residuals of a traumatic brain injury, seizure disorder, photophobia, and headaches are being remanded due to the need to obtain Social Security Administration records.
- Remanded (sent back)
The Board has remanded the case due to a duty-to-assist error, specifically failing to obtain an opinion regarding whether the Veteran's current bilateral eye disability is related to service exposure to burn pits. The AOJ should obtain such an opinion.
- Granted
Service connection is granted for dry eye syndrome, photophobia, and right knee PFPS. Service connection for right shoulder strain and left shoulder strain is remanded.
- Remanded (sent back)
The Board has decided that the Veteran's service connection claims for photophobia and an acquired psychiatric disorder secondary to photophobia need further development due to inadequate medical opinions.
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