The Board remands the claims for service connection for a bilateral eye disability, respiratory disability, and skin disability to correct errors by the AOJ in satisfying its duty to assist under 38 U.S.C. § 5103A.
The deciding factor: Errors were found in the AOJ's handling of the Veteran's claims, including failure to obtain private treatment records and inadequate TERA medical opinions.
- Claimed conditions
- Bilateral eye disability, to include age-related nuclear cataracts, dermatochalasis, and benign neoplasm of right choroid, Respiratory disability, to include reactive airway disease, Skin disability, to include cherry hemangiomas
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 7, 2025
- Citation
- A25041468
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.
- Partly granted
The Board denied service connection for dermatochalasis, meibomian gland dysfunction, and blepharitis. The claims for lumbosacral strain, left lower extremity radiculopathy (sciatic nerve), right shoulder tendinopathy, diabetes, and prostate cancer with urinary incontinence status-post prostatectomy were remanded.
- Dismissed
The veteran withdrew his appeals for service connection for degenerative arthritis of the spine, bilateral neuropathy below the hips, and a skin disability.
- Dismissed
The appeals for service connection and TDIU were dismissed due to the Veteran's death during the pendency of the appeal.
- Partly granted
The appeal was withdrawn and dismissed for hearing loss, a headache disability, joint pain, memory loss, and fatigue. Tinnitus was granted due to service connection. Other issues were remanded.
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