The veteran is seeking compensation under the provisions of 38 U.S.C.A. § 1151 for right eye enucleation as a result of cataract surgery, but his claim has been remanded due to incomplete records and the need for an opinion regarding potential fault on VA's part.
The deciding factor: The case is being remanded because there are missing original VA medical records that could provide crucial information about the veteran's treatment history. Additionally, a VA physician needs to determine if the enucleation was caused by VA carelessness or negligence.
- Claimed conditions
- right eye enucleation
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 16, 2004
- Citation
- 0433355
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 0433355.
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.
- Remanded (sent back)
The Board has remanded the case due to new evidence not having been considered by the AOJ. The Veteran is asked to provide any private or VA treatment records relevant to his claims, and the AOJ will consider this new information before readjudicating the issue.
- Denied
The Veteran's claim for payment of full VA disability compensation benefits while incarcerated is denied due to his incarceration for a felony conviction, which disqualifies him from receiving higher compensation rates.
- Remanded (sent back)
The Board has remanded the case due to inadequate VA examination opinions and a need for additional development, including obtaining updated treatment records and scheduling an addendum VA eye examination.
- Remanded (sent back)
The Board remands the claim for an additional VA examination to evaluate the current symptomology of the Veteran's disability, as the previous examinations were found inadequate.
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