The veteran is seeking compensation under the provisions of 38 U.S.C. 1151 for blindness in his right eye, which resulted from recurrent retinal detachment following cataract surgery by VA. The case has been remanded to determine if the risk of dislocation and retention of lens fragments during cataract surgery was reasonably foreseeable.
The deciding factor: The ophthalmologist's opinion is needed regarding whether the veteran's increased intraocular pressure, subsequent retinal detachments, and blindness were caused by a reasonably foreseeable event (dislocation and retention of lens fragments) resulting from cataract surgery.
- Claimed conditions
- blindness in the right eye
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 27, 2007
- Citation
- 0723119
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 0723119.
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.
- Remanded (sent back)
The Board remands the matters of entitlement to a rating in excess of 30 percent for the service-connected glaucoma of the right eye and entitlement to a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) for additional evidentiary development.
- Denied
The Board denied the Veteran's claim for compensation under 38 U.S.C. § 1151 for a blind right eye disability, finding that the additional disability was not due to carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of VA, nor was it an event not reasonably foreseeable.
- Denied
The Board denied the Veteran's claim to reopen his service connection for blindness in the right eye and blurred vision, finding that new evidence did not raise a reasonable possibility of substantiating the claim.
- Denied
The Board denied service connection for a bilateral eye disability, finding that the current disabilities are not related to the Veteran's military service.
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