The Veteran's claim for compensation under 38 U.S.C. § 1151 for loss of vision in the right eye due to a series of laser surgeries at a VA medical center is denied, as there is no evidence that the additional disability was caused by carelessness, negligence, lack of proper skill or error in judgment on the part of VA. The Veteran's claim for compensation under 38 U.S.C. § 1151 for total proctocolectomy with ileostomy due to failure by VA hospital to treat colon cancer in a timely manner is remanded as there are insufficient medical opinions regarding whether the additional disability was caused by carelessness, negligence, lack of proper skill or error in judgment on the part of VA.
The deciding factor: The Veteran's loss of vision in the right eye and proctocolectomy with ileostomy were not caused by carelessness, negligence, lack of proper skill or error in judgment on the part of VA.
- Claimed conditions
- vision loss in the right eye, proctocolectomy with ileostomy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 23, 2019
- Citation
- 19105097
Veterans Law Judge
Decisions by this judge: 2,287 · Granted: 23% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 19105097.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board has denied service connection for vision loss in the right eye, atherosclerosis with peripheral vascular disease, bilateral hip disorder secondary to bi-femoral graft surgery, and peripheral neuropathy of the feet. The evidence does not support a finding that these conditions are related to service or mercury toxicity from amalgam fillings received during service.
- Remanded (sent back)
The Board has determined that the VA examinations were not conducted as per the January 2019 remand instructions and thus, the case is being returned to the AOJ for further development.
- Remanded (sent back)
The Board has remanded the claims for further development due to the need for additional medical opinions regarding the etiology of various disabilities, including attention deficit disorder, loss of teeth, vision loss in the right eye, atherosclerosis, bilateral hip disability, and peripheral neuropathy. The Veteran's service connection claims are not granted at this time.
- Remanded (sent back)
The Board has decided to remand the case due to incomplete records and need for a new VA examination. The Veteran's claim will be reconsidered based on all available evidence.
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