The Board has decided to remand the case due to insufficient examination and reasoning regarding the Veteran's claim for compensation under 38 U.S.C. § 1151.
The deciding factor: The VA examiner did not fully address all essential elements of a 1151 claim, including the proximate cause of additional disability.
- Claimed conditions
- corneal abrasion, proliferative diabetic retinopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 18, 2020
- Citation
- 20019948
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 20019948.
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.
- Granted
The Veteran's bilateral upper extremity radiculopathy is granted as secondary to his service-connected cervical spine disability. The issues of service connection for bladder infection, right-sided chest pain, and corneal abrasion are remanded.
- Dismissed
The Veteran's claims for an increased rating for depression and service connection for corneal abrasion are dismissed. The Veteran's claim for service connection for hemorrhoids as secondary to his service-connected IBS is granted. The Veteran's claim for service connection for a left knee disability, which is related to his right knee disability, is remanded.
- Remanded (sent back)
The Board has remanded the Veteran's claims for bilateral eye disability and benign prostatic hypertrophy (claimed as prostate cancer) due to inadequate medical opinions regarding their relationship to service. The claims are being returned for further development.
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