The Board has remanded the case for obtaining a copy of the informed consent document from the Veteran involving his July 2007 right eye cataract surgery. The claim will be readjudicated based on this new information.
The deciding factor: The Board found that there was a dispute concerning what information the doctor provided to the Veteran regarding the risks and possible complications of his surgery, necessitating further investigation into the consent form.
- Claimed conditions
- Right eye cataract
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 5, 2014
- Citation
- 1405293
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 1405293.
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 service connection for heart disability, hypertension, right eye cataract, neuropathy in both upper and lower extremities, as well as a TDIU claim. However, SMC based on the need for regular aid and attendance was granted.
- Partly granted
The Veteran was granted initial disability ratings of 40 percent for temporomandibular joint dysfunction (TMJ), 20 percent for right eye cataract, and 10 percent for right eye corneal scar.
- Granted
The Board has granted service connection for right eye cataract as proximately due to service connected diabetes mellitus, type II and a 50 percent disability rating for headaches. The claim for a separate rating for dizziness associated with headaches is also granted.
- Denied
The Board denied compensation under 38 U.S.C. § 1151 for right eye cataracts resulting from VA treatment and also denied service connection for the condition, finding no additional disability due to negligence or similar fault on VA's part.
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