The Board remands the claim for service connection of residuals of stroke, to include right eye disability, due to an error in providing notice of the Veteran's right to a hearing.
The deciding factor: Remand is required to correct a pre-decisional duty to assist error regarding adequate notice of the Veteran's right to request a hearing under 38 C.F.R. § 3.103(b)(1) and (d)(1).
- Claimed conditions
- residuals of stroke, right eye disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 21, 2025
- Citation
- A25045545
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 residuals of stroke, as secondary to the Veteran's service-connected intermittent explosive disorder.
- Partly granted
The Board dismissed the claims for service connection for a bladder/bowel control disability and testicular disability as they were already granted. The claim for exposure to burn pits and toxic equipment fires was denied, while other claims were remanded for further consideration.
- Remanded (sent back)
The Board remands the claim for a right eye disability to ensure compliance with previous remand instructions, including obtaining additional medical evidence and ensuring all relevant records are associated with the claims file.
- Denied
The Board denied service connection for gallstones, left eye disability, right eye disability, sinusitis, asbestos exposure, GERD, back disability, neck disability, and right ear hearing loss. The claims for left ear hearing loss, hypertension, and obstructive sleep apnea were remanded.
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