The Veteran's left eye disability is not service-connected and the claim for compensation under 38 U.S.C.A. ¶ 1151 was denied due to lack of evidence showing VA negligence or fault in diagnosing the problem.
The deciding factor: VA found no evidence of carelessness, negligence, or similar instance of fault on the part of VA in connection with the Veteran's treatment for his left eye disability.
- Claimed conditions
- left eye
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 14, 2009
- Citation
- 0918119
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. Look up the original decision on VA.gov (opens in a new tab) using citation 0918119.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's left eye ptosis rating was reduced from 30% to 10%, effective July 1, 2021, based on improvement in visual field.
- Remanded (sent back)
The Board has remanded the cases for compliance with prior directives to obtain VA treatment records, specifically ophthalmology notes and informed consent documents from VISTA imaging system. The issues of service connection for left tibia-fibula fracture and compensation under 38 U.S.C. § 1151 for additional disability of both eyes are inextricably intertwined with the need to obtain these records.
- Granted
The Veteran's service connection for residuals of a traumatic brain injury (TBI), including a seizure disorder, is granted. The Board also remanded several other issues related to the Veteran's claims.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection for a left knee disability, right thumb disability, left eye disability, and tinnitus due to inadequate examination opinions.
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