The Board remands the claim for a separate disability rating for bilateral cataracts, as secondary to service-connected diabetes mellitus type II, due to deficiencies in previous medical opinions.
The deciding factor: The July 2023 VA opinion is deficient and requires further consideration of the recent holding in Spicer v. McDonough, which changes the standard for secondary service connection.
- Claimed conditions
- bilateral cataracts
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 24, 2024
- Citation
- 24003680
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.
- Partly granted
The Board granted service connection for eye conditions, an acquired psychiatric disorder, and obstructive sleep apnea as secondary to the Veteran's service-connected diabetes mellitus type II with erectile dysfunction and left eye retinopathy. However, it denied increased ratings for multiple peripheral neuropathies, hypertension, and status post tympanoplasty.
- Denied
The Board denied service connection for obstructive sleep apnea, bilateral cataracts, dry eye syndrome, allergic conjunctivitis, valvular heart disease, cardiomyopathy, and atrial fibrillation as the evidence did not support a finding that these conditions were incurred in or caused by an in-service event.
- Granted
The Board granted service connection for multiple conditions, including a bilateral eye disability and cardiovascular conditions, based on the Veteran's in-service occupational exposures.
- Partly granted
The Board readjudicated the claim for service connection for bilateral plantar fasciitis based on new and relevant evidence, while denying service connection for bilateral pes planus. Other claims were remanded.
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