The veteran claims compensation benefits under 38 U.S.C.A. § 1151 for residuals of left eye cataract surgery performed at the Togus VA Medical Center in January 2003. The claim is being remanded to determine if the additional disability was caused by carelessness, negligence, or similar fault on the part of VA.
The deciding factor: The causation requirement for a section 1151 claim requires that the veteran show both actual and proximate cause. Actual cause is established as the cataract surgery resulted in post-operative complications such as glaucoma and macular edema. Proximate cause must be determined based on whether VA's treatment was negligent or unforeseeable.
- Claimed conditions
- left eye cataract
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- July 24, 2007
- Citation
- 0722539
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 0722539.
What this means for you
A remand sends an issue back for more development, often a new examination or missing records. It does not award the benefit or decide the final outcome. The original decision explains the additional work ordered.
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 claim for service connection for a bilateral eye disability, including right eye pseudophakia with retinal tear and vitreous hemorrhage, and left eye cataract, finding that there was not an approximate balance of positive and negative evidence to support the claim.
- Granted
The Board granted service connection for residuals of left eye post-retinal detachment, to include left eye retinal scarring, left eye maculopathy, and left eye cataract.
- Remanded (sent back)
The Board remands the veteran's claims for service connection for various disabilities, including left eye cataract, heart disability, hypertension, bilateral peripheral vascular disease, diabetes, and bilateral hand disability (neuropathy and/or carpal tunnel syndrome), due to duty-to-assist errors.
- Denied
The Veteran's left eye cataract surgery is not service-connected, and therefore, he cannot receive a temporary total evaluation based on convalescence.
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