The veteran is seeking compensation under 38 U.S.C.A. § 1151 for bilateral visual loss due to eye surgery performed at a VA facility in May 1999. The case is being remanded to obtain additional medical records and conduct further examination.
The deciding factor: Additional evidence is needed, including treatment records from the Martinez and Menlo Park VA facilities, as well as the surgical report from Community Hospital Fresno. A comprehensive ophthalmology evaluation is required to determine if the May 1999 eye surgery caused additional disability and whether it was due to carelessness or negligence.
- Claimed conditions
- bilateral visual loss
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 13, 2006
- Citation
- 0610591
Veterans Law Judge
Judge attribution: 2025 complete; earlier years partial.
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 0610591.
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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