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.
The deciding factor: The March 2013 VA medical opinion found no evidence of fault, carelessness, or negligent treatment on the part of VA in relation to the 1995 laser eye surgery that resulted in cataracts. The Board gave this opinion probative weight as it was based on examination and review of the Veteran's file.
- Claimed conditions
- Right eye cataract
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 16, 2024
- Citation
- A24047341
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 A24047341.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- 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.
- 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.
- 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.
- Remanded (sent back)
The Board has determined that further development is needed for the Veteran's claims regarding his right eye disability and right foot disability. The case is being remanded to obtain sufficient examinations and medical opinions.
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