The Board has decided to remand the case for a VA medical opinion regarding whether the Veteran experienced additional disability of the right eye due to the June 2008 surgery, and if so, whether it was caused by carelessness, negligence, or other fault on the part of VA.
The deciding factor: The Board found that a VA medical opinion is needed to determine if the Veteran sustained any additional disability following the right eye cataract procedure in June 2008 and if such disability resulted from VA's carelessness, negligence, or similar instance of fault.
- Claimed conditions
- Right eye cataract
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- December 1, 2021
- Citation
- 21071973
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. Read the original VA decision (opens in a new tab) using citation 21071973.
What this means for you
A remand sends an issue back for more development, often a new examination or missing records. It does not award the benefit or decide the final outcome. The original decision explains the additional work ordered.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Denied
The Board denied service connection for heart disability, hypertension, right eye cataract, neuropathy in both upper and lower extremities, as well as a TDIU claim. However, SMC based on the need for regular aid and attendance was granted.
- Whole decision: Partly granted
The Veteran was granted initial disability ratings of 40 percent for temporomandibular joint dysfunction (TMJ), 20 percent for right eye cataract, and 10 percent for right eye corneal scar.
- Whole decision: Granted
The Board has granted service connection for right eye cataract as proximately due to service connected diabetes mellitus, type II and a 50 percent disability rating for headaches. The claim for a separate rating for dizziness associated with headaches is also granted.
- Whole decision: Denied
The Board denied compensation under 38 U.S.C. § 1151 for right eye cataracts resulting from VA treatment and also denied service connection for the condition, finding no additional disability due to negligence or similar fault on VA's part.
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