The Veteran's right eye infection and subsequent enucleation were not caused by VA negligence, but the additional disability was a foreseeable risk of the July 2011 VA surgery.
The deciding factor: The VA physician stated that the endophthalmitis developed as a result of bacteria inside the eye, which is a foreseeable complication of the right eye surgery performed in July 2011.
- Claimed conditions
- Endophthalmitis, Loss of Right Eye
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 4, 2016
- Citation
- 1639981
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 1639981.
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 Veteran's endophthalmitis and subsequent loss of vision in the right eye are considered a known complication of cataract surgery performed by VA, and thus compensation under 38 U.S.C. § 1151 is granted.
- Granted
The Veteran's loss of the left eye was caused by a post-operative infection during VA cataract surgery in August 2010, which was not considered an ordinary risk for such treatment. The Board finds that this additional disability is compensable under 38 U.S.C.A. § 1151.
- 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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