The Veteran's right eye blindness is not considered to be caused by VA care or treatment, and the claim for compensation under 38 U.S.C. § 1151 has been denied.
The deciding factor: The surgeries causing the additional disability were performed by a private physician in a private hospital, which does not meet the criteria for a § 1151 claim as VA did not perform the procedures.
- Claimed conditions
- blindness of the right eye
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- December 12, 2019
- Citation
- 19192573
Veterans Law Judge
Decisions by this judge: 2,374 · Granted: 19% (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 19192573.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
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 Veteran's claim for higher SMC under Section 1114(o) was denied as he did not meet the criteria for any of the rates provided in Sections 1114(l), (m), (n), or (o). The Board found that his service-connected disabilities have not resulted in anatomical loss or use of both arms, hands, legs, feet, or eyes, nor has he been permanently bedridden or helpless as to need regular aid and attendance.
- Whole decision: Granted
The Board has determined that the Veteran's right eye blindness is the result of careless or negligent surgical treatment furnished to him at a VA Medical Center, and thus grants his claim for disability compensation.
- Whole decision: Granted
The Board has determined that the appellant's right eye blindness, resulting from VA medical treatment in December 2003, meets the criteria for compensation under 38 U.S.C.A. § 1151.
- Whole decision: Granted
The Veteran's service-connected disabilities, including diabetes mellitus type II and polyneuropathy of the bilateral upper and lower extremities, preclude him from obtaining and maintaining substantially gainful employment. The Board finds that he is entitled to TDIU.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
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.