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 assigned
- None in this decision
- Decision date
- March 6, 2009
- Citation
- 0908413
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.
- 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.
- 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.
- Denied
The Board denied service connection for an enlarged prostate, a bladder disability, and right and left eye disabilities as the evidence did not support a finding that these conditions were related to the Veteran's active military service, including in-service herbicide exposure.
- Partly granted
The Board granted the reopening of claims for service connection based on new and material evidence, but remanded several issues for further development.
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