The veteran's claims are not yet ready for appellate review due to missing records and deficiencies in VA's duty to notify. The case is REMANDED for obtaining relevant medical records, providing proper notice under 38 C.F.R. § 3.159(b), and readjudicating the claims.
The deciding factor: The Board found that there are deficiencies in VA's duty to assist and notify the veteran, necessitating a remand to obtain missing records and provide proper notification.
- Claimed conditions
- loss of vision, right eye
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 14, 2007
- Citation
- 0728988
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 0728988.
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.
- Dismissed
The Veteran's appeal for compensation under 38 U.S.C. § 1151 due to loss of vision in the right eye has been dismissed because the Veteran died during the pendency of the appeal.
- Remanded (sent back)
The Board has remanded the case for further development and examination, including obtaining medical records and scheduling a VA examination to determine if the Veteran's conditions are related to his in-service exposure to ionizing radiation.
- Remanded (sent back)
The Veteran's appeal is being remanded due to the need for additional medical records and information from the Social Security Administration.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
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