The Veteran's additional left eye disability, including vision loss, was caused by carelessness, negligence, or lack of proper skill on VA’s part in furnishing medical treatment in August, September, and October 2008. The Board granted compensation under the provisions of 38 U.S.C. § 1151.
The deciding factor: The IME opinion found a systemic failure of the clinic as a whole to meet the needs of the Veteran due to the involvement of residents or fellows in the surgeries, contributing to the additional disability.
- Claimed conditions
- left eye cataracts, retinal detachment, choroidal bleed, silicone oil overfill
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 6, 2019
- Citation
- 19143990
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.
- Denied
The appeal for compensation under 38 U.S.C. § 1151 for open angle glaucoma, retinal detachment, and cataract (eye disability) was denied as the evidence did not support a finding that these conditions were caused by VA's carelessness or negligence.
- Denied
The Board denied the Veteran's claims for special monthly compensation based on the need for aid and attendance and an earlier effective date for service connection of schizoaffective disorder.
- Denied
The Board denied the Veteran's claims for service connection for open angle glaucoma, cataracts, and retinal detachment as there is no evidence linking these conditions to his military service or any in-service toxic exposure.
- Denied
The Board denied the Veteran's appeal for a higher disability rating for his service-connected right eye pseudophakia with stage I macular hole and left eye cataracts, maintaining the 40 percent evaluation.
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