The Board denied compensation under 38 U.S.C. § 1151 for a left eye injury due to VA surgery, finding that the Veteran's additional eye disability was not caused by or became worse by VA treatment and that it resulted from an event reasonably foreseeable.
The deciding factor: The February 2019 VA examiner found that the standard of care treatments were performed and there is no disability resulting from VA personnel failure to follow appropriate standards of care. The examiner also explained that the VA providers could not have foreseen prolonged and difficult-to-treat intra-ocular inflammation and associated difficult-to-treat intra-ocular pressure.
- Claimed conditions
- Left eye injury
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 15, 2022
- Citation
- 22040596
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 22040596.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The appeal for the issues of PTSD, bilateral hearing loss, tinnitus and sinusitis are dismissed as a matter of law. The claim for a compensable rating for hypertension is denied.
- Denied
The Board denied the Veteran's claim for compensation under 38 U.S.C. § 1151 for a left eye injury due to VA surgery, as there was no evidence of an additional disability caused by carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of VA, nor was it an event not reasonably foreseeable.
- Remanded (sent back)
The Board has decided to remand the case due to a need for a VA examination to determine if the Veteran's current eye disorders are related to his military service.
- Denied
The Board denied the Veteran's claims for service connection for residuals of a left eye injury and cataracts, finding no nexus between these conditions and his military service.
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