The Board denied new and material evidence to reopen the claim for compensation benefits under 38 U.S.C.A. § 1151 for loss of vision in the right eye.
The deciding factor: The medical evidence did not show that the veteran's loss of vision was due to carelessness, negligence, lack of proper skill, error in judgment, or an event which was not reasonably foreseeable by VA medical personnel.
- Claimed conditions
- loss of vision in the right eye
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 28, 2008
- Citation
- 0810303
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.
- Granted
The Board granted service connection for kidney disease, a heart disability, and a stroke due to in-service toxic exposure. The loss of vision in the right eye was also granted as secondary to the service-connected stroke.
- Remanded (sent back)
The Board has remanded the claims for connective tissue disease, loss of vision in the right eye, lupus erythematosus, peripheral neuropathy, and COPD due to missing medical evidence and inadequate opinions regarding service connection.
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