The Board remands the claim for an eye disability, to include blurry vision, optic atrophy, retinal artery occlusion, and retinal vascular occlusion, as secondary to Multiple Sclerosis and chronic fatigue syndrome due to a pre-decisional duty to assist error.
The deciding factor: There is good cause for the Veteran having missed her VA examination, and the AOJ's failure to attempt to obtain relevant vision records constitutes a pre-decisional duty to assist error that requires remand.
- Claimed conditions
- eye disability, to include blurry vision, optic atrophy, retinal artery occlusion, and retinal vascular occlusion
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 4, 2024
- Citation
- A24071444
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.
- Denied
The Board denied service connection for an eye disability, as there was no evidence of a current disability related to symptoms of blurriness and watery eyes during the appeal period.
- Denied
The Board denied the Veteran's claims for service connection for an eye disability and an initial rating in excess of 50 percent for migraines due to insufficient evidence.
- Remanded (sent back)
The Board remands the claim for an eye disability for a VA examination and medical opinion to determine if it is related to service-connected disabilities.
- Denied
The Board denied service connection for an eye disability and a kidney disability, as the evidence did not support a causal relationship between these conditions and the Veteran's active service.
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