The appeal is remanded to the RO for further development and readjudication of the veteran's claim for compensation under 38 U.S.C.A. § 1151 for additional disability of the left eye due to a left eye injury incurred as a result of surgery and treatment on and after December 6, 2004.
The deciding factor: The evidence currently associated with the claims folders is not sufficient to determine with reasonable certainty the nature of the relationship between VA and the providers of care from the date of the December 6, 2004, surgery, and the months thereafter. Additional development is needed to determine whether or what aspects of the veteran's care meet the initial threshold criteria for VA compensation benefits due additional disability resulting from such treatment.
- Claimed conditions
- loss of sight in the left eye
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 22, 2008
- Citation
- 0816893
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 0816893.
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.
- Denied
The Board denied service connection for the veteran's loss of sight in the left eye, blood clot in the eye, and headaches because there was no evidence of a current disability related to these conditions.
- Remanded (sent back)
The Board has ordered a remand due to the need for additional medical opinions regarding the Veteran's eye disabilities, including astigmatism, loss of sight in the left eye, tired eyes and watery vision. The case will be returned to the RO/AMC for further development.
- Partly granted
The veteran's loss of sight in the left eye is not considered secondary to service-connected residuals of a left basilar skull fracture. However, VA surgery for cataracts did result in additional visual acuity loss and additional disability of the left upper extremity, both of which are found to be due to carelessness or lack of proper skill on VA's part.
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