The Board denied the Veteran's claim for compensation under 38 U.S.C. § 1151 for an additional eye disability, as a result of VA treatment.
The deciding factor: The July 2023 examiner's opinion concluded that the Veteran's additional eye disability was not due to carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault on the part of VA and was a reasonably foreseeable outcome of cataract surgery.
- Claimed conditions
- Additional eye disability
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 11, 2024
- Citation
- 24002024
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.