The Board has remanded the claims for an initial rating in excess of 30 percent for ophthalmoparesis and diplopia, as well as the TDIU claim due to their interrelated nature. The VA will need to obtain additional medical records and schedule a VA eye examination to determine the current severity of the service-connected conditions and any other diagnosed eye disorders.
The deciding factor: The claims are remanded because they are inextricably intertwined with each other, as adjudication of one claim could impact the other. Specifically, any evidentiary development regarding the effects of the Veteran's service-connected eye disability may have a significant impact on whether referral for extraschedular consideration is warranted.
- Claimed conditions
- ophthalmoparesis, diplopia, bilateral cataracts, right eye asteroid hyalosis, left high vitreous floaters
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 3, 2019
- Citation
- 19176019
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.
- Partly granted
The Board granted service connection for eye conditions, an acquired psychiatric disorder, and obstructive sleep apnea as secondary to the Veteran's service-connected diabetes mellitus type II with erectile dysfunction and left eye retinopathy. However, it denied increased ratings for multiple peripheral neuropathies, hypertension, and status post tympanoplasty.
- Partly granted
The Board granted an initial 40 percent disability rating for bilateral eye disabilities but denied ratings for abdominal scars, hypertension, and remanded claims related to thrombosis and arthritis.
- Denied
The Board denied service connection for obstructive sleep apnea, bilateral cataracts, dry eye syndrome, allergic conjunctivitis, valvular heart disease, cardiomyopathy, and atrial fibrillation as the evidence did not support a finding that these conditions were incurred in or caused by an in-service event.
- Granted
The Board granted service connection for multiple conditions, including a bilateral eye disability and cardiovascular conditions, based on the Veteran's in-service occupational exposures.
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.