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
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 Veteran's service-connected disabilities, including PTSD, enucleation of the right eye, and residuals of malaria, have rendered him unemployable since November 20, 2015. The Board has granted entitlement to TDIU based on these conditions.
- Denied
The Board denied the veteran's claims for service connection for enucleation of the right eye, choiroidal melanoma, prostate cancer, bleeding ulcers, hypertension and a heart condition, a sinus condition, and spine arthritis as they were not incurred or aggravated during his active military service.
- Granted
The Board has reopened the claims for enucleation of the right eye and post-traumatic encephalopathy, secondary to service-connected residuals of a right leg gunshot wound. Service connection is granted for both conditions.
- Denied
The veteran's claim for an increased rating for enucleation of the right eye and special monthly compensation based on anatomical loss of the right eye is denied. The maximum schedular evaluation assigned after a deduction is 10 percent, which reflects the degree of disability existing at the time of entrance into active service.
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