The Board is remanding the case to obtain records from the Oklahoma Department of Corrections regarding the Veteran's medical expenses and whether he had been required to pay out-of-pocket for his service-connected disabilities.
The deciding factor: The AOJ has not completed the requested development as per the January 2018 remand instructions.
- Claimed conditions
- enucleation of the right eye
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 18, 2019
- Citation
- 19130602
Veterans Law Judge
Decisions by this judge: 1,726 · Granted: 19% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 19130602.
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 Board has remanded the case due to incomplete development of records related to whether the Veteran was required to pay for his medical expenses while incarcerated. The VA needs to obtain non-medical evidence from the Oklahoma Department of Corrections and other entities.
- Granted
The Veteran's service-connected disabilities of the right eye, left hand and left arm are found to likely prevent him from securing and following substantially gainful employment.
- Denied
The Board denied an effective date before November 7, 2003 for the grant of nonservice-connected pension and a rating higher than 40 percent for enucleation of the right eye. The case is being remanded to obtain VA records from Dr. Clearihue's treatment in Los Angeles.
- Denied
The Board found that the evidence submitted since the previous denials was new but not material, as it did not show a relationship between the enucleation of the right eye and service.
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