The Veteran's right eye disability is not service-connected under 38 U.S.C. § 1151 because the VA did not cause his additional disability through carelessness, negligence, or similar fault.
The deciding factor: The Board found that the Veteran's diminished vision was not caused by VA's carelessness, negligence, or similar instance of fault in providing his right eye cataract surgery and subsequent treatment.
- Claimed conditions
- Right eye cataract, Diminished vision
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- March 16, 2023
- Citation
- 23015932
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 23015932.
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: Denied
The Board denied service connection for heart disability, hypertension, right eye cataract, neuropathy in both upper and lower extremities, as well as a TDIU claim. However, SMC based on the need for regular aid and attendance was granted.
- Whole decision: Partly granted
The Veteran was granted initial disability ratings of 40 percent for temporomandibular joint dysfunction (TMJ), 20 percent for right eye cataract, and 10 percent for right eye corneal scar.
- Whole decision: Granted
The Board has granted service connection for right eye cataract as proximately due to service connected diabetes mellitus, type II and a 50 percent disability rating for headaches. The claim for a separate rating for dizziness associated with headaches is also granted.
- Whole decision: Denied
The Board denied compensation under 38 U.S.C. § 1151 for right eye cataracts resulting from VA treatment and also denied service connection for the condition, finding no additional disability due to negligence or similar fault on VA's part.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.