The Veteran's appeal for a compensable rating for bilateral posterior subcapsular cataract and left eye retinal detachment is denied. The Board has also REMANDED the issue of compensation under 38 U.S.C. § 1151 for headaches due to his August 2011 to September 2012 eye surgeries.
The deciding factor: The Veteran's headache disability may be related to carelessness, negligence, or lack of proper skill on the part of VA during the cataract surgery, but this needs further clarification from a VA examiner.
- Claimed conditions
- Bilateral posterior subcapsular cataract, Left eye retinal detachment
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 31, 2020
- Citation
- 20081968
Veterans Law Judge
Decisions by this judge: 2,548 · Granted: 31% (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 20081968.
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.
- Denied
The Board denied the Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred at a private hospital due to a left eye retinal detachment, finding that VA facilities were feasibly available and an attempt to use them beforehand would have been reasonable.
- Denied
The Board denied compensation under 38 U.S.C. § 1151 for additional left eye disabilities resulting from VA medical and surgical treatment from November 2007 to August 2008, finding that the Veteran's conditions were not caused by or a result of VA care.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
- Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.