The Veteran's appeal for compensation under 38 U.S.C. § 1151 due to VA surgery performed on March 30, 2010 is remanded because the surgical report was not obtained as instructed in a previous decision.
The deciding factor: Previous decisions were not fully complied with regarding obtaining the March 30, 2010, VA surgical report for the Veteran's left eye laser surgery at the VA Medical Center.
- Claimed conditions
- diabetic retinopathy, retinal damage
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 12, 2020
- Citation
- 20072934
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 denied an effective date prior to April 11, 2013, for the award of service connection for diabetic retinopathy and grade 2+ anterior vacuoles due to a lack of evidence indicating an intent to apply for benefits or communication related to these conditions before that date.
- Partly granted
The Board granted service connection for diabetic retinopathy, chronic kidney disease, a heart disability, erectile dysfunction, hypertension, a colon disability, major depressive disorder, and diabetes mellitus, type 2. The claims for PTSD, chronic kidney disease, diabetes mellitus, type 2, and hypertension were denied.
- Dismissed
The appeal was dismissed due to the Veteran's death during its pendency.
- Granted
The Board granted service connection for diabetic retinopathy as a secondary condition to the Veteran's service-connected type II diabetes mellitus.
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