The Board has remanded both issues regarding the reduction of disability benefits and increased rating for bilateral cataracts, arcus senilis with right diabetic macular edema and diabetic retinopathy. Additional VA medical records received since December 2016 SSOC need to be considered in a new Supplemental Statement of the Case (SSOC).
The deciding factor: New evidence was submitted by the Veteran but not initially considered due to his failure to waive initial consideration, necessitating its inclusion in a new SSOC.
- Claimed conditions
- bilateral cataracts, arcus senilis, right diabetic macular edema, diabetic retinopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 17, 2019
- Citation
- 19179437
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.
- Remanded (sent back)
The Board denied an effective date prior to April 11, 2013, for the award of service connection for diabetic retinopathy and grade 2+ anterior vacuoles due to a lack of evidence indicating an intent to apply for benefits or communication related to these conditions before that date.
- 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.
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