The Veteran's right eye surgery resulted in overcorrection, leading to diplopia and image tilt. The Board found that this was not due to carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault on the part of VA, and thus did not meet the criteria for 38 U.S.C.A. § 1151.
The deciding factor: The overcorrection resulting from the right eye surgery was expected given the Veteran's history of prior eye muscle surgery and is considered a reasonably foreseeable event.
- Claimed conditions
- Right hypertropia, Double vision
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 27, 2013
- Citation
- 1306749
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 1306749.
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- Remanded (sent back)
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- Denied
The Veteran's appeal for a higher rating for right hypertropia and bilateral hearing loss was denied. The Board found that the evidence did not establish compensable visual impairment or double vision, nor did it meet the criteria for an increased rating due to incapacitating episodes.
- Denied
The Veteran's right eye surgery resulted in overcorrection, leading to double vision and image tilt. The Board found that this was not an unforeseeable event of the surgery and thus denied compensation under 38 U.S.C.A. § 1151.
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