The Board found that the veteran's loss of vision in his left eye was not caused by VA carelessness, negligence, or error. The event (endophthalmitis and retinal tears) was reasonably foreseeable.
The deciding factor: VA did not exercise the degree of care expected from a reasonable health care provider in providing the care that led to the veteran's loss of vision.
- Claimed conditions
- Loss of vision in the left eye
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- December 19, 2006
- Citation
- 0639598
Veterans Law Judge
Decisions by this judge: 1,458 · Granted: 24% (granted or partly granted, in the indexed 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. Search VA.gov for the original decision (opens in a new tab) using citation 0639598.
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).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Remanded (sent back)
The Board has remanded the claims for compensation under 38 U.S.C. § 1151 and special monthly compensation (SMC) based on need for regular aid and attendance or housebound status due to incomplete records and the need for a medical opinion regarding the cause of the loss of vision in the left eye.
- Whole decision: Remanded (sent back)
The claims for service connection for bilateral cataracts and compensation for loss of vision in the left eye pursuant to 38 U.S.C. §1151 are remanded due to insufficient medical opinions regarding the etiology of these conditions.
- Whole decision: Granted
The Veteran's loss of vision in his left eye is considered a qualifying additional disability under 38 U.S.C.A. § 1151 due to carelessness, negligence, lack of proper skill, or error in judgment by VA medical staff during the cataract surgery on September 13, 2006.
- Whole decision: Remanded (sent back)
The appeal is being remanded to obtain additional evidence and a new medical opinion.
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