The Board has remanded the case due to failure to substantially comply with prior remand instructions, specifically regarding an addendum opinion on whether the Veteran's ptosis is aggravated by his service-connected eye conditions.
The deciding factor: The Board found that the prior remand directions were not fully complied with and thus requires further development including a new addendum opinion.
- Claimed conditions
- ptosis of the right eye
- How they argued it
- Aggravation of a pre-existing condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 16, 2022
- Citation
- 22069326
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 22069326.
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 claim to reopen his service connection for ptosis of the right eye with esotropia and amblyopia, finding no new and material evidence. The Veteran also failed to establish basic eligibility for non-service-connected pension benefits due to insufficient wartime service.
- Granted
The veteran's claim for an increased evaluation of his right zygomatic process fracture residuals was granted, and he is now rated at 10 percent for this condition. Additionally, the appeal to reopen service connection for ptosis of the right eye as secondary to a service-connected injury to the zygomatic arch was also granted.
- Granted
The veteran's ptosis of the right eye, aggravated by surgery with limitation of visual field and history of corneal ulcers, is currently rated at 30 percent.
- Denied
The veteran's claim for an increased rating for his service-connected ptosis of the right eye is denied as there is no anatomical loss in the non-service-connected left eye to warrant a higher rating.
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