The Board found that the veteran's right eye vision loss was not caused by VA negligence or lack of proper skill, and thus denied his claim under 38 U.S.C.A. § 1151.
The deciding factor: The evidence did not demonstrate any carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault by VA in conjunction with the veteran's lung biopsy.
- Claimed conditions
- vision loss of the right eye
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 3, 2007
- Citation
- 0737927
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 0737927.
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.
- Remanded (sent back)
The Board has remanded the Veteran's claims for additional review of new VA treatment records submitted since the last Statement of the Case. The issues include rating and service connection for various conditions, including a left knee disability, tinnitus, laceration of the right eye, skin rash (itching), headaches secondary to the laceration, vision loss, ischemic heart disease due to herbicide exposure, hypertension to include as secondary to herbicide exposure, sleep apnea to include as secondary to herbicide exposure, hyperechoic liver mass to include as secondary to herbicide exposure, posttraumatic stress disorder (PTSD), and hyperlipidemia.
- Granted
The Veteran's vision loss of the right eye, neuropathy of the left upper extremity (claimed as loss of command, left sided neuropathy and weakness), cognitive disorder (claimed as cognitive disorder to include, but not limited to, attention, memory, loss of time, space, and aphasia), and an acquired psychiatric condition, to include anxiety and depression, are considered residuals of a cerebrovascular accident. The Board has determined that these disabilities were caused by VA treatment due to carelessness, negligence, lack of proper skill, error in judgment or some other instance of fault on the part of VA.
- Denied
The Veteran's initial compensable disability ratings for hemorrhagic fever, vision loss of the right eye, and bilateral hearing loss have been denied. The appeal is not about service connection at all.
- Denied
The Board denied service connection for vision loss of the right eye as there was no evidence linking the condition to active duty service.
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