The Board denied compensation under 38 U.S.C. § 1151 for blindness of the left eye as a result of cataract surgery performed by a non-VA provider, finding that the Veteran's blindness was not caused by VA negligence or an unforeseeable event.
The deciding factor: The failure to remove sutures post-surgery did not cause the blindness and was not considered negligent. The proximate cause of the blindness was severe primary open angle glaucoma.
- Claimed conditions
- blindness of left eye, optic atrophy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 16, 2020
- Citation
- 20067307
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 service connection for a disability of the eyes, other than bilateral photophobia, as there was no evidence to support a nexus between the Veteran's eye conditions and his military service.
- Dismissed
The appeal for service connection for a bilateral eye disorder was withdrawn by the Veteran and is therefore dismissed.
- Remanded (sent back)
The Board remands the claim for a VA medical opinion to determine if there is any current eye disability due to an in-service injury from being struck by a tree branch.
- Dismissed
The appeals for service connection for optic atrophy, diabetes, and toxic exposure claims were dismissed due to untimely filings. The appeal for lipoma was remanded for further evidence.
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