The Veteran's claims for effective dates prior to October 26, 2021 are remanded due to the unclear establishment of when the date entitlement arose and a need for clarification.,The Veteran's claims for initial disability ratings in excess of 30 percent for binocular diplopia with strabismus and an initial rating in excess of 10 percent for ocular vertigo associated with binocular diplopia are remanded due to the pre-decisional duty to assist error.
The deciding factor: The Board notes that the date of entitlement for the Veteran's claims is unclear, requiring clarification.
- Claimed conditions
- ocular vertigo, ocular headaches
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 14, 2023
- Citation
- A23035883
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 A23035883.
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.
- Granted
The Veteran's service-connected ocular headaches are currently rated at 30 percent, but no higher. The Board found that the symptoms more nearly approximated migraine headaches with characteristic prostrating attacks occurring on an average once a month over the last several months.
- Remanded (sent back)
The Board has granted service connection for ocular headaches. The cases of compensation under 38 U.S.C. § 1151 for gallbladder and cardiovascular conditions, as well as service connection for muscle soreness, stomachache (gastric pain), diarrhea, body weakness, and fatigue are remanded due to the need for additional medical opinions.
- Granted
The Veteran's claim for a higher rating for his service-connected migraine and ocular headaches has been granted, with the maximum schedular rating of 50% being assigned.
- Remanded (sent back)
The Veteran's appeal is remanded for further development, including a VA examination to assess the current severity of his service-connected ocular headaches and whether extra-schedular consideration is warranted.
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