The Board has determined that the claim to reopen a claim for compensation under 38 U.S.C. § 1151 for partial cranial nerve III palsy resulting in diplopia is remanded due to inadequate notice and due process, lack of VA examination, and need for additional records.
The deciding factor: The Board found that the previous adjudication did not provide proper notice regarding the laws and regulations concerning § 1151 claims and did not address whether the Veteran's diplopia was caused by carelessness, negligence, or error in judgment on the part of VA. Additionally, a VA examination is needed to determine if additional disability was caused by the cardiac catheterization.
- Claimed conditions
- partial cranial nerve III palsy resulting in diplopia
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- November 23, 2021
- Citation
- 21070172
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Read the original VA decision (opens in a new tab) using citation 21070172.
What this means for you
A remand sends an issue back for more development, often a new examination or missing records. It does not award the benefit or decide the final outcome. The original decision explains the additional work ordered.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has remanded the Veteran's claim for compensation under 38 U.S.C. § 1151 due to new evidence received since the last Supplemental Statement of the Case.
- Remanded (sent back)
The Board has determined that a remand is necessary to obtain additional VA addendum opinions and to ensure the Veteran is afforded proper due process in connection with his claim for compensation under 38 U.S.C. § 1151.
- Remanded (sent back)
The Board has remanded the case due to the need for additional development, including obtaining SSA records and providing proper notice regarding secondary service connection.
- Granted
The Veteran's claim for service connection for PTSD was reopened due to the submission of new and material evidence. The appeal is granted as his PTSD is now considered service-connected.
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