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 greater than 50 percent probability that the doctor performing the surgery being a resident or fellow contributed to the additional disability, and the Board agreed with this finding.
- Claimed conditions
- left eye cataracts, retinal detachment, choroidal bleed, silicone oil overfill
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- June 6, 2019
- Citation
- 19143990
Veterans Law Judge
Decisions by this judge: 2,050 · Granted: 32% (granted or partly granted, in the indexed 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. Read the original VA decision (opens in a new tab) using citation 19143990.
What this means for you
A grant means the Board allowed the benefit or issue identified in this decision. Review the original order: other issues in the same appeal may have a different outcome, and this decision does not predict another claim.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: 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.
- Whole decision: 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.
- Whole decision: 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.
- Whole decision: 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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