The Board denied the Veteran's claim for compensation under 38 U.S.C. § 1151 for right eye vision loss due to cataract surgery, finding that the current condition was not proximately caused by VA carelessness or negligence.
The deciding factor: The June 2022 VA examiner concluded that the Veteran's current right eye disability is not related to any fault on the part of VA in providing medical treatment for his symptoms, including any delay in diagnosis or treatment.
- Claimed conditions
- Right eye vision loss
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 28, 2023
- Citation
- 23062683
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 23062683.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Partly granted
The Board granted service connection for bilateral hearing loss and type 2 diabetes mellitus, while denying service connection for shin splints, left lower extremity, an acquired psychiatric disorder, to include PTSD, and right eye vision loss.
- Remanded (sent back)
The Veteran's right eye vision loss is being remanded for a proper VA examination to determine if it qualifies as a 'qualifying additional disability' under 38 U.S.C. § 1151.
- Granted
The Veteran's right eye vision loss is deemed a qualifying additional disability resulting from VA medical treatment, and the cause of this disability was an event not reasonably foreseeable. Therefore, the Veteran is entitled to compensation under 38 U.S.C. § 1151 for his right eye vision loss.
- Denied
The Veteran's right eye vision loss is not service-connected, and the cause of death (prostate cancer) has no known connection to service or a service-connected condition.,Service connection for the cause of the Veteran’s death cannot be established as prostate cancer did not contribute substantially to his death.
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