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 claim for compensation under 38 U.S.C. § 1151 due to a series of laser surgeries at a VA medical center is denied because 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.
- 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
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has remanded the Veteran's claims due to the need for additional development and examination. The issues of service connection for attention deficit disorder, loss of teeth, vision loss in the right eye, atherosclerosis, bilateral hip disability, and peripheral neuropathy are now pending.
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
- Remanded (sent back)
The Board remands the claim for a medical examination to determine if the Veteran's current neck strain is related to his in-service activities.
- Remanded (sent back)
The Board remands the claim for a rating in excess of 70 percent for PTSD due to an inadequate medical opinion.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.