The Board has remanded the claims for service connection for an eye disability other than bilateral cataracts, diabetic retinopathy, dry eye syndrome, and macular schisis, including exotropia and exophoria, to include as secondary to service-connected disabilities. Additionally, the TDIU claim prior to February 26, 2008 is also remanded.
The deciding factor: The Court found that the issue of a TDIU rating is inextricably intertwined with the issue of entitlement to service connection for an eye disability other than bilateral cataracts and diabetic retinopathy. The Board must therefore address both issues together.
- Claimed conditions
- bilateral cataracts, diabetic retinopathy, dry eye syndrome, macular schisis, exotropia, exophoria
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 17, 2023
- Citation
- 23002866
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 23002866.
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.
- Dismissed
The Board dismissed the appeal of entitlement to service connection for dry eye syndrome claimed as visual impairment, including blurry vision, blindness, double vision due to procedural error. The Veteran's claim for service connection for sleep apnea was denied because there is no evidence of a current diagnosis of sleep apnea.
- Remanded (sent back)
The Board has remanded the claims for asthma, hypertension with residuals including stroke, DM II, bilateral amputation of all toes, and diabetic neuropathy to obtain VA medical opinions regarding the nature and etiology of these conditions.,The Board also remanded the claim for ED as it is inextricably intertwined with the DM II claim.
- Granted
The Veteran's Special Monthly Compensation (SMC) based on the need for regular Aid and Attendance is granted as of April 25, 2024.,For diabetes mellitus, a rating in excess of 20 percent is denied.
- Partly granted
The Veteran's claim for an initial compensable rating for OSA is denied as his sleep apnea has not been manifested by persistent daytime hypersomnolence or required use of a breathing assistance device such as a CPAP machine.,The Veteran's claims for service connection for dry eye syndrome and an increased rating for left knee disability are remanded due to procedural errors in the adjudication process.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.