The Veteran's claim to compensation under 38 U.S.C. § 1151 is dismissed due to a Federal Tort Claims Act (FTCA) settlement agreement that precludes the current claim as it involves the same cause of action.
The deciding factor: The FTCA settlement agreement effectively bars the Veteran from bringing any claims related to VA's failure to recall him for ophthalmological services resulting in his left eye blindness, including the 1151 claim.
- Claimed conditions
- left eye blindness
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 17, 2022
- Citation
- 22069652
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 22069652.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Granted
The Board has granted service connection for the Veteran's left eye injury, claimed as blindness, finding that it had its onset in service and is related to his military service.
- Granted
The Veteran is granted special monthly compensation based on the need for regular aid and attendance due to his service-connected diabetic peripheral neuropathy.
- Denied
The Board denied the Veteran's appeal of VA withholding his disability compensation benefits to offset a $600,000 tort settlement. The decision found that the withholding was proper under law.
- Granted
The Board has granted compensation under 38 U.S.C. § 1151 for the appellant's disability of the left eye, to include loss of vision, finding that there is an approximate balance of negative and positive evidence regarding whether the VA's negligence caused the disability.
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