The Board reopened the Veteran's previously denied claim for service connection for a left eye condition based on new and material evidence submitted since the March 1978 final denial. The matter was remanded for the VA to obtain the Veteran's service personnel records to determine whether the left eye injury was incurred in line of duty.
The deciding factor: The Board found that the Veteran's statements regarding an Admiral's letter and his claim of not being intoxicated during the October 1969 jeep accident constitute new evidence relating to an unestablished fact necessary to substantiate the claim, are presumed credible, are not redundant, and raise a reasonable possibility of substantiating the claim.
- Claimed conditions
- left eye condition
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 15, 2020
- Citation
- 20003238
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.
- Denied
The Board denied the veteran's claims for service connection, higher ratings, and earlier effective dates, as well as dismissed his claim for a TDIU.
- Partly granted
The Board denied an initial rating higher than 50 percent for persistent depressive disorder and remanded the claims for service connection for a left eye condition and headaches.
- Dismissed
The Board dismissed the claims for earlier effective dates and higher ratings for various conditions, including left eye condition, right eye condition, hypertension, left knee, right knee, obstructive sleep apnea, and coronary artery disease (CAD), as well as denied an earlier effective date for CAD.
- Denied
The Board denied service connection for fibromyalgia, migraines, neuropsychological signs or symptoms, and a respiratory condition. The claims for an acquired psychiatric disorder, sleep disorder, lumbar spine disability, bilateral eye conditions, gastrointestinal problems, high blood pressure, and left below knee amputation were remanded.
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