The appeal is being remanded to obtain additional evidence and a new medical opinion.
The deciding factor: The claim requires further development, including obtaining the October 1999 operative report and any follow-up reports, as well as clarification from the veteran regarding private treatment records. Additionally, an addendum to the May 2004 VA examination is needed to address specific questions related to the veteran's left eye disability.
- Claimed conditions
- Loss of vision in the left eye
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 14, 2009
- Citation
- 0901432
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 0901432.
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 claims for compensation under 38 U.S.C. § 1151 and special monthly compensation (SMC) based on need for regular aid and attendance or housebound status due to incomplete records and the need for a medical opinion regarding the cause of the loss of vision in the left eye.
- Remanded (sent back)
The claims for service connection for bilateral cataracts and compensation for loss of vision in the left eye pursuant to 38 U.S.C. §1151 are remanded due to insufficient medical opinions regarding the etiology of these conditions.
- Granted
The Veteran's loss of vision in his left eye is considered a qualifying additional disability under 38 U.S.C.A. § 1151 due to carelessness, negligence, lack of proper skill, or error in judgment by VA medical staff during the cataract surgery on September 13, 2006.
- Denied
The Board found that the veteran's loss of vision in his left eye was not caused by VA carelessness, negligence, or error. The event (endophthalmitis and retinal tears) was reasonably foreseeable.
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