The Veteran is seeking compensation under 38 U.S.C.A. § 1151 for vision loss following a cataract extraction with posterior chamber intraocular lens implantation at a VA medical facility in September 2005. The Board finds that an examination is necessary to determine the nature and etiology of his left eye disability.
The deciding factor: The Veteran has not been provided with a pertinent VA examination during the current appeal, which is required to determine whether he developed additional left eye disability proximately caused by VA's carelessness or negligence in the furnishing of the surgical treatment.
- Claimed conditions
- blindness, cataract, posterior chamber intraocular lens implantation
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 28, 2009
- Citation
- 0928060
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 0928060.
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 Veteran's service-connected disabilities do not meet the criteria for specially adapted housing or special home adaptation, as they do not qualify for permanent and total disability due to loss of use of extremities or anatomical regions.
- Dismissed
The Veteran's appeal for service connection for fatigue was dismissed. His headaches, IBS, GERD, allergic rhinitis, sinus, and sleep apnea were all granted. The left knee disability and cataract claims are still pending.
- Dismissed
The appeal is dismissed as moot because the Veteran's past due benefits were already awarded and no fees were withheld or paid, so there are no remaining disputes to be adjudicated.
- Denied
The Board denied the veteran's claims for service connection for AVM, blindness (secondary to AVM), and tinnitus due to a lack of evidence showing these conditions occurred during active duty for training.
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