The Board denied compensation under 38 U.S.C. § 1151 for a left eye injury due to VA cataract surgery in September 2011, finding that the Veteran's decreased visual acuity was not caused by the surgery but rather by his pre-existing Fuchs Dystrophy and diabetic retinopathy.
The deciding factor: The Board found that the primary surgeon was supervised by an experienced physician and that the amount of cortex left in the Veteran's eye after the cataract surgery was 'miniscule' and not uncommon, thus not causing the decreased vision experienced by the Veteran.
- Claimed conditions
- left eye injury, Fuchs Dystrophy, diabetic retinopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- December 3, 2021
- Citation
- 21072604
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 21072604.
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: Remanded (sent back)
The Board has remanded the claims for asthma, hypertension with residuals including stroke, DM II, bilateral amputation of all toes, and diabetic neuropathy to obtain VA medical opinions regarding the nature and etiology of these conditions.,The Board also remanded the claim for ED as it is inextricably intertwined with the DM II claim.
- Whole decision: Denied
The Veteran's initial ratings for diabetes and diabetic retinopathy were denied. The Board found that the current ratings adequately reflect the severity of his symptoms, including his need for eye injections to treat his diabetic retinopathy.
- Whole decision: Granted
The Board has granted service connection for Type II diabetes mellitus and diabetic retinopathy, finding that these conditions are related to the Veteran's service-connected PTSD.
- Whole decision: Dismissed
The Board has dismissed the appeals regarding various service connection claims and rating determinations due to the Veteran's withdrawal of his appeal.
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