The Veteran's claim for a higher rating for his left eye glaucoma and chorioretinal scar is remanded due to the need for updated medical records and an examination. Additionally, the earlier effective date claim related to the August 2010 rating decision is improper.
The deciding factor: The Board found that the Veteran's free-standing earlier effective date claim was improperly addressed in the December 2018 SOC because it was a freestanding claim for an increased rating and not an appeal of the effective date assigned in the August 2017 rating decision. The earlier effective date claim should have been addressed through a motion to revise the decision on the basis of CUE.
- Claimed conditions
- left eye glaucoma, chorioretinal scar with mild visual field loss, angle-closure glaucoma
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 3, 2020
- Citation
- 20000354
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 service connection for left eye glaucoma, resolving reasonable doubt in favor of the Veteran.
- Partly granted
The Board dismissed the appeal for service connection for left eye glaucoma and denied increased ratings for an acquired psychiatric disorder, left knee surgical scars. The claims for increased ratings for left knee degenerative arthritis and status post reconstructive surgery, as well as for bilateral hearing loss, were remanded.
- Remanded (sent back)
The Board remands the matter for a new VA opinion to address in-service symptoms and whether any non-refractive eye condition or superimposed disease or injury is present.
- Remanded (sent back)
The Board remands the claims for service connection for various conditions, as a statement of the case has not yet been issued.
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