The Board denied compensation benefits for a right eye disability pursuant to the provision of 38 U.S.C.A. § 1151, as there was no evidence that the veteran's current right eye disability was caused by carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of VA treatment in May 1996.
The deciding factor: The Board found that the veteran's current right eye disability was not proximately caused by any fault on the part of VA during his medical treatment in May 1996.
- Claimed conditions
- Cataract, Glaucoma
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 3, 2009
- Citation
- 0907750
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.
- Remanded (sent back)
The Board remands the claims for service connection due to a pre-decisional duty to assist error regarding VA's obligation to obtain relevant records from the Social Security Administration.
- Denied
The Board denied the veteran's claims for increased ratings for a low back disability, pseudofolliculitis barbae (PFB), and glaucoma.
- Denied
The Board denied an increased rating for PTSD and remanded the claim for service connection for glaucoma.
- Remanded (sent back)
The Board remands the claims for service connection for a thoracolumbar condition, mononeuropathy of the sciatic nerve, and glaucoma to obtain an adequate medical opinion.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.