The Board found that a preponderance of the medical evidence does not support a conclusion that a right eye disability was caused by carelessness, negligence, lack of proper skill, error in judgment on the part of VA in furnishing medical treatment to the veteran, or as a result of an event not reasonably foreseeable.
The deciding factor: The additional disability was not proximately caused by fault on the part of VA in furnishing medical treatment, nor was it the result of an unforeseeable event.
- Claimed conditions
- right eye disability
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 17, 2008
- Citation
- 0812830
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.
- Partly granted
The Board dismissed the claims for service connection for a bladder/bowel control disability and testicular disability as they were already granted. The claim for exposure to burn pits and toxic equipment fires was denied, while other claims were remanded for further consideration.
- Remanded (sent back)
The Board remands the claim for a right eye disability to ensure compliance with previous remand instructions, including obtaining additional medical evidence and ensuring all relevant records are associated with the claims file.
- Denied
The Board denied service connection for gallstones, left eye disability, right eye disability, sinusitis, asbestos exposure, GERD, back disability, neck disability, and right ear hearing loss. The claims for left ear hearing loss, hypertension, and obstructive sleep apnea were remanded.
- Partly granted
The Board granted service connection for headaches associated with the right eye disability and a rating of 20 percent for the right eye condition, while denying an increased rating for PTSD and dismissing the hypertension appeal.
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