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
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.
- Denied
The Board denied the veteran's claims for service connection for enucleation of the right eye, choiroidal melanoma, prostate cancer, bleeding ulcers, hypertension and a heart condition, a sinus condition, and spine arthritis as they were not incurred or aggravated during his active military service.
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
- Remanded (sent back)
The Board remands the claim for a medical examination to determine if the Veteran's current neck strain is related to his in-service activities.
- Remanded (sent back)
The Board remands the claim for a rating in excess of 70 percent for PTSD due to an inadequate medical opinion.
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