The Veteran's claim for compensation under 38 U.S.C. § 1151 due to a left eye disability resulting from June 2013 VA surgery is remanded as the Board concludes an examination of the Veteran is necessary.
The deciding factor: The Veteran testified that a mistake was made during his June 2013 VA eye surgery, leading to current issues with his left eye. The Board finds it necessary to determine if there is additional disability resulting from this surgery and whether it was due to carelessness or negligence on the part of VA.
- Claimed conditions
- left eye disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 7, 2019
- Citation
- 19184058
Veterans Law Judge
Decisions by this judge: 2,249 · Granted: 37% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 19184058.
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The Veteran's appeal has been withdrawn by his attorney, and the Board is dismissing the case.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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