Citation Nr: 20046924 Decision Date: 07/14/20 Archive Date: 07/14/20 DOCKET NO. 18-08 104 DATE: July 14, 2020 REMANDED Entitlement to compensation under 38U.S.C. §1151 for a left eye disability is remanded. REASONS FOR REMAND 1. Entitlement to compensation under 38U.S.C. §1151 for a left eye disability is remanded. The Veteran seeks compensation pursuant to 38 USC §1151 for a left eye disability resulting from complications of a January 2015 cataracts surgery conducted at a VA medical center. The law provides that compensation may be paid for a qualifying additional disability or death not the result of the veteran’s willful misconduct, caused by hospital care, medical or surgical treatment, or examination furnished the veteran when the proximate cause of the disability or death was: (A) carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of VA in furnishing the hospital care, medical or surgical treatment, or examination; or (B) an event not recently foreseeable. 38 U.S.C. § 1151. In the present case, the Veteran underwent a cataract removal operation at a VA medical center in January 2015. During the course of this operation, he experienced a posteriorcapsule rupture with vitreous loss. He also developed postoperative endophthalmitis. Several days later, he underwent antibiotic and steroid injection, followed by a vitrectomy. As a result of these complications, his visual acuity of the left eye was essentially reduced to light perception only, by his report. The Veteran provided testimony, including a description of his observations during his surgery, at a July 2019 Board hearing. Subsequently, in July 2019, the Board remanded the Veteran’s claim to obtain a supplemental opinion, noting that the September 2015 medical opinion stated both that the Veteran’s surgical complications were known complications but also not reasonably foreseeable. The Board ordered that a supplemental opinion be obtained as to the following: Whether any additional disability following the January 2015 cataracts surgery was proximately caused by (1) any carelessness, negligence, lack of proper skill, error in judgment or similar instances of fault by VA or (2) an event not reasonably foreseeable during the course of post-surgical treatment? An April 2020 opinion was obtained. The VA medical expert stated that posterior capsule rupture and endophthalmitis are known and reasonably foreseeable complications of cataract and vitrectomy surgery. No opinion was offered as to whether any additional disability following the January 2015 cataract surgery was proximately caused by any carelessness, negligence, lack of proper skill, error in judgment or similar instances of fault by VA. On remand, an addendum opinion should be obtained that addresses that issue. In rendering an opinion, the VA medical expert should consider the medical evidence of record as well as the Veteran’s April 2019 Board testimony. The matters are REMANDED for the following action: Obtain a supplemental opinion from the April 2020 VA medical expert, if available, otherwise, an appropriate VA medical expert in ophthalmology may be substituted. The claims file must be provided to and reviewed by the reviewer. The Veteran need not be scheduled for a medical examination unless the reviewer determines such an examination is required to comply with this remand. The reviewer should opine whether any additional disability following the January 2015 cataract surgery was proximately caused by any carelessness, negligence, lack of proper skill, error in judgment or similar instances of fault by VA. All opinions provided must be thoroughly explained and an adequate rationale provided. H. SEESEL Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board A. Christensen The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.