Our firm recently achieved a critical victory for a veteran at the Court of Appeals for Veterans Claims (CAVC). The Court vacated and remanded a Board of Veterans’ Appeals (BVA) decision due to a legal error that was conceded by VA. This decision ensures our client receives a fair review of their claim for visual impairment prior to October 1, 2014.

VA agreed the Board’s decision failed to adequately address favorable evidence of our client’s visual impairment. Under 38 U.S.C. § 7104(d)(1), the Board must provide clear and reasoned explanations for its findings. In this case, the Board relied solely on a May 2010 VA examination showing corrected visual acuity of 20/20 in both eyes. It ignored medical records indicating worse visual acuity in the right eye during the relevant period.

Key evidence included:

-A February 25, 2011, VA note reporting corrected visual acuity of 20/40 in the right eye.
-A May 5, 2011, VA ophthalmology note showing uncorrected visual acuity of 20/60 with no improvement.
-An April 25, 2013, VA record documenting uncorrected visual acuity of 20/70, also without improvement.

The Board failed to evaluate the probative value of this evidence or explain why it disregarded it. The remand requires the Board to fully analyze these records and provide a comprehensive rationale for its findings. This ensures our client’s rights are protected and that all relevant evidence is considered.

This decision reaffirms the importance of holding the VA accountable for thorough and fair evaluations. Veterans deserve decisions based on the totality of their medical evidence. We remain dedicated to fighting for justice on behalf of those who served our nation.

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