The Board denied the claim for VA disability compensation under 38 U.S.C.A. § 1151, finding that the Veteran's right eye disability was not caused by carelessness, negligence, lack of proper skill, error in judgment or similar instance on VA's part.
The deciding factor: The ophthalmologist determined that the loss of vision and additional surgeries were a foreseeable result of the initial complicated surgery performed by VA.
- Claimed conditions
- Right eye cataract, Retinal detachment, Posterior capsule tear
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- September 18, 2014
- Citation
- 1441843
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. Read the original VA decision (opens in a new tab) using citation 1441843.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Denied
The Board denied service connection for heart disability, hypertension, right eye cataract, neuropathy in both upper and lower extremities, as well as a TDIU claim. However, SMC based on the need for regular aid and attendance was granted.
- Whole decision: Partly granted
The Veteran was granted initial disability ratings of 40 percent for temporomandibular joint dysfunction (TMJ), 20 percent for right eye cataract, and 10 percent for right eye corneal scar.
- Whole decision: Granted
The Board has granted service connection for right eye cataract as proximately due to service connected diabetes mellitus, type II and a 50 percent disability rating for headaches. The claim for a separate rating for dizziness associated with headaches is also granted.
- Whole decision: Denied
The Board denied compensation under 38 U.S.C. § 1151 for right eye cataracts resulting from VA treatment and also denied service connection for the condition, finding no additional disability due to negligence or similar fault on VA's part.
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