The Veteran's right eye blindness is the result of an error in judgment on the part of his VA caregivers, and compensation under the provisions of 38 U.S.C.A. § 1151 is granted.
The deciding factor: The Veteran's right eye blindness was caused by carelessness or lack of proper skill on the part of VA caregivers during a series of surgeries performed at a VA facility.
- Claimed conditions
- right eye blindness
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 28, 2009
- Citation
- 0948556
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 0948556.
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
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- Remanded (sent back)
The Board remands the claims for service connection for an eye tumor, right eye blindness, and sleep apnea due to a pre-decisional duty to assist error in the November 2023 VA medical opinions.
- Granted
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- Partly granted
The veteran's claim for an earlier effective date and increased rating for bilateral hearing loss was denied. The claims for service connection for right eye blindness, sleep disorder, acquired psychiatric disorder, and SMC were remanded.
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