The Board denied compensation under 38 U.S.C. § 1151 for permanent eye damage with vitreous loss following right eye cataract surgery at a VA facility, finding that the disability was not caused by negligence or error on the part of the VA.
The deciding factor: The Veteran's additional right eye disability is not considered reasonably unforeseeable and there is no evidence indicating negligence or similar fault from the VA in providing care.
- Claimed conditions
- Right Eye Disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 23, 2019
- Citation
- 19196092
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. Look up the original decision on VA.gov (opens in a new tab) using citation 19196092.
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 claims for service connection for right knee, right eye, and sinus disabilities due to new evidence received. The PACT Act requires a VA examination considering all periods of service and toxic exposure risk activities.
- Granted
The Board has granted service connection for the Veteran's right knee, back, and TBI disabilities on a secondary basis. Service connection is also granted for his right hip, left hip, and sinus disabilities, but not for his right eye or kidney disabilities.
- Remanded (sent back)
The Board has remanded the case for a new VA eye examination to address the Veteran's contentions and any relevant medical evidence of record regarding his right eye disability.
- Granted
The Veteran's service-connected right eye disability has rendered him unable to secure or follow substantially gainful employment since November 29, 2018.
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