The Veteran's appeal is being remanded due to inadequate notice and the need for a new VA eye examination. The TDIU claim will be deferred until the other pending claims are decided.
The deciding factor: The Joint Motion for Remand found that the Veteran was not adequately informed about the requirements for an increased rating for his right eye, and that he needed to provide evidence showing blindness in his left eye. Additionally, there is a need for clarification on whether new and material evidence has been received sufficient to reopen a claim of entitlement to service connection for migraine headaches.
- Claimed conditions
- anatomical loss of the right eye, migraine headaches
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 15, 2010
- Citation
- 1022175
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 1022175.
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 50 percent rating for the Veteran's migraine headaches based on prostrating attacks occurring more than once a month and severe economic inadaptability.
- Granted
The Veteran's migraine headaches were granted a 50 percent disability rating, effective August 8, 2023, due to very frequent completely prostrating and prolonged attacks that are productive of severe economic inadaptability.
- Partly granted
The Board granted service connection for migraine headaches with an initial rating of 50 percent effective from August 10, 2022, and denied the claims for service connection for a right knee disability, obstructive sleep apnea, kidney disability, low back disability, and erectile dysfunction.
- Granted
The Board granted service connection for migraine headaches as proximately due to the Veteran's service-connected tinnitus.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.