The Veteran's request for compensation under the provisions of 38 U.S.C.A. § 1151 for eye disabilities is on appeal and a hearing has been scheduled but not attended by the Veteran. The case must be remanded to schedule a videoconference hearing.
The deciding factor: The Veteran failed to attend the previously scheduled travel Board hearing, which was returned as undeliverable due to his recent move.
- Claimed conditions
- eye disabilities
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 9, 2009
- Citation
- 0946602
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 0946602.
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.
- Granted
The Board granted a total disability rating based on individual unemployability (TDIU) beginning March 29, 2007.
- Granted
The Veteran's service-connected eye and psychiatric disabilities rendered him unable to maintain substantially gainful employment, leading to a TDIU being granted.
- Remanded (sent back)
The Veteran's diabetes mellitus type II with erectile dysfunction and aggravation of eye disabilities is currently rated at 10 percent prior to August 12, 2013, and 20 percent thereafter. The Board has found that a higher rating may not be assigned for the Veteran's diabetes mellitus type II as he does not require insulin or an oral hypoglycemic agent in addition to a restricted diet. The issues of increased ratings for peripheral neuropathy of the lower extremities and femoral nerve disability of the lower extremities, as well as TDIU, are remanded.
- Denied
The Veteran's claim for special monthly pension based on the need for aid and attendance or being housebound was denied as he does not meet the criteria under which an SMP is evaluated.
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