The Board has found that the duty to provide a VA examination was not fulfilled due to an error in the previous decision. The case is being remanded for such an examination.
The deciding factor: The August 2022 Memorandum Decision found that the Board had erred by stating that the third element of McLendon v. Nicholson (the association between service and a current disability) was not satisfied, as the Veteran provided lay statements linking his vision problems to service.
- Claimed conditions
- right eye disability, glaucoma, epiretinal membrane, cataracts, dry eyes, ptosis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 1, 2023
- Citation
- 23012477
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 23012477.
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 Board has found that remand is needed for the Veteran's claims due to duty to assist errors, including clarification of periods of service and obtaining relevant records. The Veteran will be afforded new medical examinations for each claimed disability.
- Remanded (sent back)
The Veteran's eligibility for PCAFC benefits is remanded due to the AOJ's failure to address whether it is in the best interest of the Veteran to participate in the program. The Board finds that the Veteran has been in need of personal care services for at least six continuous months based on an inability to perform the ADL of bathing.
- Denied
The Veteran's tinnitus and hearing loss claims are denied as there is no current diagnosis of these conditions.,The Veteran's high cholesterol, dementia, stroke, prostate cancer, cataracts, diabetes, hypertension, CHF, and myocardial infarction claims are denied due to lack of service connection evidence or insufficient evidence to establish a nexus between the disabilities and active duty service.,The Veteran was exposed to toxins during his military service but there is no evidence linking these exposures to any of the claimed conditions.
- Remanded (sent back)
The Board has decided to remand the case due to insufficient medical opinion regarding whether the Veteran's dry eyes are related to service. The claim will be reviewed again with additional evidence.
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