The Board denied compensation under 38 U.S.C. § 1151 for additional left eye disabilities resulting from VA medical and surgical treatment from November 2007 to August 2008, finding that the Veteran's conditions were not caused by or a result of VA care.
The deciding factor: The Board found that the Veteran’s pre-existing conditions (diabetes mellitus) caused his left eye disabilities, and that VA did not cause these conditions through its treatment. The additional disability was reasonably foreseeable as part of standard diabetic retinopathy management.
- Claimed conditions
- Left eye retinal detachment, Macular edema, Proliferative diabetic retinopathy, Epiretinal membrane, Diabetic macular edema, Vitreous floaters
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 29, 2019
- Citation
- 19106454
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.
- Denied
The Board denied the veteran's claims for increased ratings and earlier effective dates, as the evidence did not support a higher rating or an earlier effective date.
- Remanded (sent back)
The Veteran's appeal for a compensable rating for bilateral posterior subcapsular cataract and left eye retinal detachment is denied. The Board has also remanded the issue of compensation under 38 U.S.C. § 1151 for headaches due to his August 2011 to September 2012 eye surgeries.
- Remanded (sent back)
The Board has decided to remand the case due to inadequate examination and a need for further medical opinion regarding the Veteran's bilateral eye disorders.
- Granted
The Board has granted a 20 percent rating for the Veteran's residuals of traumatic anisocoria of the right eye with epiretinal membrane, secondary cataract, ocular hypertension, and vitreous degeneration.
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