The Veteran is blind in the left eye due to a cataract surgery performed by VA on October 11, 2001. The Board finds that the VA surgeon deviated from reasonable standard of care by not immediately referring the Veteran to a retinal specialist as soon as possible after the surgery.
The deciding factor: The VA surgeon did not refer the Veteran to a retinal specialist promptly after identifying debris left in his eye during the cataract surgery, which was considered a deviation from the standard of care.
- Claimed conditions
- left eye blindness
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 7, 2009
- Citation
- 0946291
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 0946291.
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.
- Granted
The Board has granted service connection for the Veteran's left eye injury, claimed as blindness, finding that it had its onset in service and is related to his military service.
- Granted
The Veteran is granted special monthly compensation based on the need for regular aid and attendance due to his service-connected diabetic peripheral neuropathy.
- Denied
The Board denied the Veteran's appeal of VA withholding his disability compensation benefits to offset a $600,000 tort settlement. The decision found that the withholding was proper under law.
- Granted
The Board has granted compensation under 38 U.S.C. § 1151 for the appellant's disability of the left eye, to include loss of vision, finding that there is an approximate balance of negative and positive evidence regarding whether the VA's negligence caused the disability.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
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.