The Board has remanded the case due to inadequate medical opinions regarding the Veteran's eye disabilities and their relation to his service in Vietnam. The case will be reviewed again with a focus on the PACT Act provisions for toxic exposure risk activities.
The deciding factor: The VA medical opinion is not adequate as it does not provide an explanation of the Veteran's specific toxic exposure, which is required by the PACT Act.
- Claimed conditions
- bilateral nuclear cataracts, bilateral dermatochalasis, dry eye
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Gulf War
- Rating assigned
- None in this decision
- Decision date
- October 24, 2023
- Citation
- 23057711
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 23057711.
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 has dismissed the Veteran's appeal for service connection for various conditions including hypoglycemia, sinusitis, left foot pes planus, right foot pes planus, right foot plantar fasciitis, left ankle pain, left hip osteoarthritis, left knee sprain, bradycardia, dry eye, hernia, hypercholesterolemia, and bilateral hearing loss.
- Remanded (sent back)
The Veteran's claim for an initial compensable disability rating for the service-connected eye condition other than hypertensive retinopathy, to include dry eye and cataracts is being remanded due to a failure to obtain VA examinations referenced in a November 2024 opinion.
- Remanded (sent back)
The Board remands the claim for service connection for eye disabilities, to include retinopathy, bilateral nuclear cataracts, bilateral dermatochalasis, dry eye, and pinguecula, as the prior VA medical opinion regarding aggravation was found to be conclusory and lacked necessary medical reasoning.
- Remanded (sent back)
The Board remands the claim for service connection for a left eye condition, including primary open angle glaucoma and optic nerve atrophy, to obtain private medical records from Dr. Laquis.
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.