The Board found that the enucleation of the veteran's right eye was a result of negligence on the part of VA physicians during a routine cataract surgery in December 2001, and thus warranted compensation under 38 U.S.C.A. § 1151.
The deciding factor: The Board determined that the enucleation resulted from carelessness or negligence by VA personnel during the surgical treatment.
- Claimed conditions
- enucleation of the right eye
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 18, 2006
- Citation
- 0601555
Veterans Law Judge
Decisions by this judge: 1,555 · Granted: 19% (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 0601555.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has remanded the case due to incomplete development of records related to whether the Veteran was required to pay for his medical expenses while incarcerated. The VA needs to obtain non-medical evidence from the Oklahoma Department of Corrections and other entities.
- Remanded (sent back)
The Board is remanding the case to obtain records from the Oklahoma Department of Corrections regarding the Veteran's medical expenses and whether he had been required to pay out-of-pocket for his service-connected disabilities.
- Granted
The Veteran's service-connected disabilities of the right eye, left hand and left arm are found to likely prevent him from securing and following substantially gainful employment.
- Denied
The Board denied an effective date before November 7, 2003 for the grant of nonservice-connected pension and a rating higher than 40 percent for enucleation of the right eye. The case is being remanded to obtain VA records from Dr. Clearihue's treatment in Los Angeles.
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