The Veteran's appeal for compensation under 38 U.S.C. § 1151 for residuals of left eye surgery at a VA Medical Center has been dismissed due to the death of the Veteran.
The deciding factor: The Veteran died during the pendency of the appeal, and as a result, the Board does not have jurisdiction to adjudicate the merits of this appeal.
- Claimed conditions
- left eye surgery
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 21, 2020
- Citation
- 20068353
Veterans Law Judge
Decisions by this judge: 1,030 · Granted: 17% (granted or partly granted, in the vetted 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. Look up the original decision on VA.gov (opens in a new tab) using citation 20068353.
What this means for you
A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot. It says more about procedure than about whether a claim like this can win.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Partly granted
The Board has granted service connection for bilateral hearing loss and remanded the issues regarding sleep apnea, left inguinal hernia, sinus or respiratory disability, cervical spine disorder, numbness in the left hand/fingers, and left eye surgery. The right inguinal hernia with scar issue is also being remanded.
- Remanded (sent back)
The Veteran's claim for VA medical treatment without payment is being remanded due to the need to adjudicate her service connection claims and other pending claims related to her disabilities.
- Denied
The veteran is not entitled to a temporary total evaluation for convalescence following the November 2004 left eye surgery.
- Remanded (sent back)
The veteran seeks compensation under 38 U.S.C.A. § 1151 for injuries he alleges resulted from VA ophthalmologic treatment in 1997. The claim is being remanded due to the need for an examination and additional records.
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