The Board remands the claims for service connection for various scars and an eye condition due to a duty to assist error and a notice error.
The deciding factor: The October 2020 VA examiner's opinion was based on an inaccurate factual premise, and the AOJ failed to provide notice of the Veteran's right to a hearing prior to issuing the decision.
- Claimed conditions
- right ring finger scar, acne scars, left eyebrow scar, right wrist scar, right chest scar, eye condition, pinguecula
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 1, 2025
- Citation
- A25040039
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 Board granted service connection for left eye conjunctival squamous cell carcinoma and remanded the issue of service connection for an eye disability other than left eye conjunctival squamous cell carcinoma, to include dry eye syndrome and pinguecula.
- Partly granted
The Board granted service connection for a deviated septum and right wrist pain, while denying service connection for sleep apnea. The decision also addressed various rating issues and effective dates.
- Remanded (sent back)
The Board remands the claims for service connection for thyroid condition, diabetes, eye condition, and peripheral neuropathy to correct pre-decisional duty to assist errors.
- Partly granted
The Board granted an effective date of March 2, 2007, for the grant of service connection for left and right lower extremity radiculopathy and November 26, 2014, for COPD, emphysema, and asthma. The claims for earlier effective dates were denied.
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