The Veteran's claim for compensation under 38 U.S.C. § 1151 is remanded due to insufficient medical evidence regarding the cause of his vision loss, and the AOJ must obtain an opinion from a qualified examiner on whether VA care caused this disability.
The deciding factor: The decision was not clear on the proximate cause of the Veteran's current disability (vision loss) and requires further examination by a qualified medical professional to determine if VA care contributed to his condition.
- Claimed conditions
- loss of vision in the left eye
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 8, 2019
- Citation
- 19101630
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 remanded the Veteran's claim for compensation under 38 U.S.C. § 1151 for an additional disability (left eye vision loss and related conditions) allegedly caused by a July 2020 VA surgical procedure. The remand was necessary to obtain missing informed consent documentation from VA's Vista Imaging system and to obtain a more thorough medical opinion addressing whether the claimed disability resulted from VA fault or an unforeseeable event.
- Denied
The Board denied service connection for all claimed conditions, including hypertension, hypothyroidism, loss of vision in the left eye, prostate cancer, and metastatic bone cancer. The decision was based on a lack of evidence linking these conditions to military service.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection due to new and material evidence having been submitted in some cases, and additional VA treatment records have been added to his file. The Veteran will be provided a supplemental statement of the case if their benefits are not granted.
- Denied
The veteran's claims for service connection for chronic lymphocytic leukemia and compensation under 38 U.S.C.A. § 1151 for loss of vision in the left eye were denied as there was no evidence that his conditions were related to his military service or due to VA medical treatment.
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