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 assigned
- None in this 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 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 0639598.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
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 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.
- 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.
- 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.
- Remanded (sent back)
The appeal is being remanded to obtain additional evidence and a new medical opinion.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.