The Veteran's appeal for a higher disability rating for his service-connected left exotropia is remanded due to the failure to obtain all relevant private treatment records.
The deciding factor: There was a duty to assist error regarding the Veteran's private eye examination records, which were not obtained before the AOJ decision on appeal.
- Claimed conditions
- left exotropia
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 16, 2024
- Citation
- A24083898
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 A24083898.
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 reopening the claim of service connection for defective vision, left eye with macular chorioretinitis, left exotropia and amblyopia due to lack of new and material evidence. The claim for an increased evaluation in excess of 10 percent for right eye chorioretinitis was remanded.
- Remanded (sent back)
The veteran's claim for a total disability rating based on individual unemployability is being remanded due to the need for further development, including obtaining Social Security Administration records and scheduling a VA examination.
- Denied
The Board found no clear and unmistakable error in the April 1979 decision denying service connection for left exotropia, bilateral hearing loss, chronic sinusitis, hypertension, and stomach ulcers. The December 1999 decision also did not contain CUE.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
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