The Veteran's endophthalmitis, resulting from VA surgery of the left eye, was caused by an unforeseeable event and thus meets the criteria for compensation under 38 U.S.C. § 1151.
The deciding factor: The post-operative endophthalmitis that led to the removal of the Veteran's left eye was not caused by VA carelessness, negligence, or similar fault but rather an unforeseeable event.
- Claimed conditions
- endophthalmitis, surgical removal of the left eye
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 29, 2009
- Citation
- 0941292
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 0941292.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has determined that the remand was not completed as required, and thus the case is being returned to the AOJ for further action.
- Denied
The Board found that new and material evidence had not been received to reopen the claim of entitlement to service connection for endophthalmitis and enucleation of the left eye. The right eye disorder was also denied as secondary to a service-connected condition.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
- Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
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