The Board denied the veteran's request to reopen his claim for compensation under 38 U.S.C.A. § 1151 due to a lack of new and material evidence, resulting in blindness of the right eye.
The deciding factor: No new and material evidence was presented to support the reopening of the claim.
- Claimed conditions
- blindness of the right eye
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 28, 2005
- Citation
- 0534933
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 0534933.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's right eye blindness is not considered to be caused by VA care or treatment, and the claim for compensation under 38 U.S.C. § 1151 has been denied.
- Denied
The Veteran's claim for higher SMC under Section 1114(o) was denied as he did not meet the criteria for any of the rates provided in Sections 1114(l), (m), (n), or (o). The Board found that his service-connected disabilities have not resulted in anatomical loss or use of both arms, hands, legs, feet, or eyes, nor has he been permanently bedridden or helpless as to need regular aid and attendance.
- Granted
The Board has determined that the Veteran's right eye blindness is the result of careless or negligent surgical treatment furnished to him at a VA Medical Center, and thus grants his claim for disability compensation.
- Granted
The Board has determined that the appellant's right eye blindness, resulting from VA medical treatment in December 2003, meets the criteria for compensation under 38 U.S.C.A. § 1151.
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