The Board has remanded the issues of entitlement to compensation under 38 U.S.C. § 1151 for right and left eye disabilities due to a duty to assist error in obtaining an adequate VA examination prior to the July 2022 rating decision.
The deciding factor: The VA examiner's opinion was based on inaccurate factual basis or did not address contrary medical findings, leading to inadequate assessment of the Veteran's current bilateral eye disability and its relationship with VA treatment.
- Claimed conditions
- Right Eye Disability, Left Eye Disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 12, 2022
- Citation
- A22025090
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. Look up the original decision on VA.gov (opens in a new tab) using citation A22025090.
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.
- Remanded (sent back)
The Veteran's appeals for increased ratings for a right eye disability and traumatic brain injury are being remanded due to the need to provide notice of the opportunity for a hearing.
- Remanded (sent back)
The Board has remanded the issues of service connection for right eye, left eye, left knee, and back disabilities due to conflicting statements from the Veteran and inconsistencies in his medical records.
- Denied
The Board denied an extension of the temporary total evaluation based on convalescence following surgery for residuals of the Veteran's left eye injury, finding that there was no evidence of severe postoperative residuals or necessity for house confinement after September 30, 2010.
- Denied
The Board denied the Veteran's appeal as all reductions and severances of service connection were found to be proper due to fraud committed by the Veteran and his spouse.
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