The Board denied the veteran's claim for compensation under 38 U.S.C.A. § 1151 as his right eye blindness was not caused by VA surgical treatment on June 24, 2002.
The deciding factor: There is no competent medical evidence showing that the VA cataract surgery performed in June 2002 was the proximate cause of the veteran's current right eye blindness or that it involved carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault by the VA.
- Claimed conditions
- Right eye blindness
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 22, 2007
- Citation
- 0701681
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 0701681.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Partly granted
The Board granted an initial rating of 80 percent for bilateral primary open-angle glaucoma, severe stage, unspecified pterygium, and right eye blindness, and a 60 percent rating for GERD.
- Remanded (sent back)
The Board has remanded the Veteran's claims for entitlement to a disability rating in excess of 30 percent for right eye blindness, service connection for right eye blindness prior to January 13, 2014, and an effective date prior to January 13, 2014 for special monthly compensation (SMC) based on loss of use. The claims will be remanded for further review.
- Granted
The Board has determined that the Veteran's right eye blindness was caused by carelessness, negligence, lack of proper skill on the part of the surgical resident during cataract surgery at a VA facility. The event was not reasonably foreseeable.
- Remanded (sent back)
The Board has determined that additional development is needed to determine the cause of the Veteran's right eye blindness and whether it was caused by VA carelessness, negligence or similar instance of fault. The case will be remanded for further action.
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