The Board remands the issue of entitlement to reversal of the November 2004 rating decision that denied service connection for an eye condition, on the grounds of CUE, due to a pre-decisional duty-to-assist error.
The deciding factor: The AOJ did not address the Veteran's CUE assertions as raised in the January 2023 CUE motion regarding whether both prongs of 38 U.S.C. § 1111 were correctly applied in the November 2004 rating decision, and a remand is warranted for further development.
- Claimed conditions
- eye condition (retinitis pigmentosa)
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 1, 2025
- Citation
- A25040300
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
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.