The veteran's claim of entitlement to compensation under 38 U.S.C.A. § 1151 for right eye blindness is being remanded due to the need for additional development and consideration.
The deciding factor: The decision requires further examination and review by VA medical personnel to determine if any right eye disability was caused by VA treatment, whether carelessness or negligence on the part of VA contributed to the disability, and if an unforeseeable event caused the disability. The provisions of 38 C.F.R. § 3.361 will also be considered.
- Claimed conditions
- blindness of the right eye
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 8, 2006
- Citation
- 0628077
Veterans Law Judge
Decisions by this judge: 2,435 · Granted: 22% (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 0628077.
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.
- 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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