The Board has decided to remand the case due to errors in duty to assist, and a need for an updated medical opinion regarding the etiology of the Veteran's right eye disability.
The deciding factor: The VA examiner's opinions were inadequate for adjudication purposes, particularly regarding continuity of symptoms after service-related injuries and surgeries.
- Claimed conditions
- Right eye disability, Mild pingueculas, Mild cataracts, Dry eye syndrome
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 30, 2023
- Citation
- A23034143
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 A23034143.
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 Veteran's appeal for SMC under 38 U.S.C. § 1114(k) based on the loss of use of one eye having only light perception is dismissed as moot.
- Granted
The Veteran's post-operative cataracts with pseudophakia and vitreous degeneration are rated at 50 percent, effective from the date of the August 2024 rating decision. The separate rating for dry eye syndrome is also granted.
- Denied
The Board has denied the Veteran's claims for service connection for a right eye disability and TDIU prior to August 16, 2022. The claim for an increased rating for OSA was withdrawn.
- Remanded (sent back)
The Board has decided to remand the case due to insufficient medical opinions regarding whether the Veteran's current eye disabilities are related to service or preexisted with no superimposed injury during service. The VA must obtain a supplemental opinion from an appropriately qualified examiner.
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