The Board denied the Veteran's claim for compensation under 38 U.S.C.A. § 1151 for a left eye disability, as there was no evidence that the VA treatment resulted in additional disability or that the proximate cause of any additional disability was due to fault on the part of VA.
The deciding factor: The decision was based on the lack of evidence showing negligence or error by VA and the finding that decreased visual acuity was due to age-related exudative macular degeneration, not the surgery.
- Claimed conditions
- Left eye disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- March 6, 2009
- Citation
- 0908413
Veterans Law Judge
Decisions by this judge: 325 · Granted: 20% (granted or partly granted, in the indexed decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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. Search VA.gov for the original decision (opens in a new tab) using citation 0908413.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Denied
The Board denied service connection for various disabilities, including an acquired psychiatric disability, alcohol abuse, a liver disability, and hand and eye disabilities, as the evidence did not support a finding that these conditions were related to service or secondary to any service-connected condition.
- Whole decision: Denied
The Board denied the Veteran's claims for increased ratings for his left eye disability and residuals of prostate cancer, as the evidence did not support higher ratings under the applicable criteria.
- Whole decision: Denied
The Board denied service connection for bilateral hearing loss, tinnitus, right shoulder disability, left elbow disability, right elbow disability, left ankle disability, and right ankle disability as the evidence did not support a finding of a current disability related to service. The claims for psychiatric disability, obstructive sleep apnea, left eye disability, right eye disability, cervical spine disability, and left shoulder disability were remanded.
- Whole decision: Denied
The Board denied the Veteran's request to readjudicate his claims for service connection for right and left eye disabilities, finding that new and relevant evidence had not been submitted to warrant such a readjudication.
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