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
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.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.