The Board denied the Veteran's claim for compensation under 38 U.S.C. § 1151 for a right eye disability status post cataract eye surgery, finding that the proximate cause of the additional disability was not carelessness, negligence or similar incident of fault on the part of VA in furnishing the medical or surgical treatment.
The deciding factor: The Board found that the informed consent signed by the Veteran specifically stated the risks involved in cataract surgery, including the possibility of nuclear fragments retained in the eye and retinal detachment. The Board also noted that these risks were 'discussed' with the Veteran and he 'desires to proceed.'
- Claimed conditions
- Right eye disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 26, 2022
- Citation
- A22021599
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 A22021599.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The Veteran's appeal for SMC under 38 U.S.C. § 1114(k) based on the loss of use of one eye having only light perception is dismissed as moot.
- Denied
The Board has denied the Veteran's claims for service connection for a right eye disability and TDIU prior to August 16, 2022. The claim for an increased rating for OSA was withdrawn.
- Denied
The Board denied service connection for various disabilities, including an acquired psychiatric disability, alcohol abuse, a liver disability, and hand and eye disabilities, as the evidence did not support a finding that these conditions were related to service or secondary to any service-connected condition.
- Denied
The Board denied service connection for bilateral hearing loss, tinnitus, right shoulder disability, left elbow disability, right elbow disability, left ankle disability, and right ankle disability as the evidence did not support a finding of a current disability related to service. The claims for psychiatric disability, obstructive sleep apnea, left eye disability, right eye disability, cervical spine disability, and left shoulder disability were remanded.
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