The Board denied the veteran's claim for compensation under 38 U.S.C.A. § 1151, finding that the proximate cause of his residuals of cataract surgery was not carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on VA's part in furnishing the medical treatment.
The deciding factor: The Board found that the retinal detachment could have been reasonably foreseen as a possible consequence of the cataract procedure but could not have predicted with any degree of certainty when it would occur.
- Claimed conditions
- cataract surgery of the right eye, posterior dislocation of the lens nucleus, retinal detachment and tear
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- February 12, 2001
- Citation
- 0104260
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. Search VA.gov for the original decision (opens in a new tab) using citation 0104260.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
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).
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Other Board decisions on a similar condition or argued the same way.
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- Whole decision: Granted
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