The Veteran's claim for compensation under 38 U.S.C.A. § 1151 is being remanded due to the need for additional medical examination and development of his VA treatment records.
The deciding factor: The decision requires further development before deciding on the merits, including obtaining an addendum medical opinion from a VA examiner regarding the cause of the Veteran's left eye disability and whether it was caused by carelessness or negligence on the part of VA.
- Claimed conditions
- cataract, macular hole
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 21, 2012
- Citation
- 1221610
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 1221610.
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.
- 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.
- Remanded (sent back)
The Veteran's claim for an initial compensable disability rating for his service-connected eye disability, including cataract with meibomian gland dysfunction and dry eye syndrome, is being remanded due to a duty to assist error. The Board finds that relevant VA treatment records from VistA Imaging are missing.
- Denied
The appeal for compensation under 38 U.S.C. § 1151 for open angle glaucoma, retinal detachment, and cataract (eye disability) was denied as the evidence did not support a finding that these conditions were caused by VA's carelessness or negligence.
- Remanded (sent back)
The Board has remanded the case due to insufficient opinions regarding the etiology of the Veteran's eye disabilities, specifically his cataracts and hypertensive retinopathy.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
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.