The Board has determined that the Veteran's cataract surgery in October 2004 was not provided by VA, but a remand is necessary to obtain records and determine if additional disability was caused by an unforeseeable event.
The deciding factor: The surgery was performed at a private facility over which the Secretary does not have direct jurisdiction, so it is not considered care furnished by VA for the purpose of receiving compensation under 38 U.S.C. § 1151.
- Claimed conditions
- epiretinal membrane, loss of vision
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 20, 2018
- Citation
- 18137058
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 18137058.
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.
- Granted
The Board has granted service connection for PTSD, insomnia, bilateral hearing loss, and back, right knee, and sinusitis conditions. Service connection was denied for bronchitis, hernia, loss of vision, and chest acne.
- Granted
The Veteran's bilateral diabetic retinopathy with bilateral pseudophakia and epiretinal membrane is rated at 20 percent effective September 10, 2021. The appeal for a separate rating prior to this date and service connection for pancreatitis are remanded.
- Dismissed
The Board dismissed the appeal concerning service connection for hearing loss and loss of vision due to an untimely Notice of Disagreement.
- Remanded (sent back)
The Board remands the matter for the RO to provide the Veteran with notice concerning his right to a hearing on a supplemental claim.
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