The Veteran is seeking compensation under 38 U.S.C.A. § 1151 for vision loss in the left eye resulting from cataract surgery at a VA medical facility on July 10, 2001. The case has been remanded due to incomplete records and need for further development.
The deciding factor: The claim requires additional evidence related to the FTCA lawsuit and compliance with 38 C.F.R. § 3.361.
- Claimed conditions
- vision loss in the left eye
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 10, 2010
- Citation
- 1017221
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 1017221.
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 compensation under 38 U.S.C. §1151 for vision loss in the left eye, finding that there was no evidence of negligence or fault on the part of VA and that the Veteran's condition was not caused by VA care.
- Remanded (sent back)
The Board has remanded the case due to inadequate notice regarding how to establish service connection for aggravation of a congenital disorder.
- Granted
The Board has granted service connection for dizzy spells, finding that the Veteran's lay statements regarding his in-service motorcycle accident and chronic symptoms are credible. The claim for vision loss in the left eye is remanded due to the need for a VA examination.
- Remanded (sent back)
The Board has remanded the case for additional development, including obtaining records from the VA Regional Office and VAMC, as well as Social Security Administration records. A new VA opinion is also needed to address whether the complications of the July 2001 cataract surgery were reasonably foreseeable.
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