The Veteran is seeking compensation under 38 U.S.C.A. § 1151 for complications following a November 2008 eye surgery, which resulted in loss of vision and multiple surgeries. The case is being remanded to obtain additional medical records and arrange for a VA examination.
The deciding factor: The decision is pending further review due to the need for additional evidence and an examination to determine if the Veteran's current left eye disability was caused by negligence or lack of proper skill on the part of VA in providing the surgery and follow-up care.
- Claimed conditions
- left eye disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 27, 2012
- Citation
- 1243840
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 1243840.
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 decided to remand the case due to duty-to-assist errors, including failing to obtain SSA records and VA medical opinions regarding whether the Veteran's left eye disability is secondary to his service-connected hypertension.
- Dismissed
The Veteran's appeal has been withdrawn by his attorney, and the Board is dismissing the case.
- Remanded (sent back)
The Board has ordered remand for the previously denied claims of service connection for left eye, right eye, and lumbar spine disabilities due to new evidence submitted by the Veteran.
- Denied
The Board denied service connection for a left eye disability and a headache disability (claimed as TBI) due to the lack of evidence showing current disabilities during the appeal period.
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