The Board remands the claim for a medical opinion to determine if VA's carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault proximately caused additional disability.
The deciding factor: The record lacks evidence establishing whether the complications following left eye cataract surgery were due to VA's fault or an unforeseeable event.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 2, 2009
- Citation
- 0903495
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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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.