The Board found no clear and unmistakable error in the March 1946 rating decision denying service connection for right eye enucleation. The veteran's claim was reopened, and he is now entitled to a 10% disability rating effective January 27, 1992. However, his total disability rating based on individual unemployability due to service-connected disabilities remains denied.
The deciding factor: The March 1946 rating decision found no new and material evidence to reopen the claim for service connection, which was upheld by the Board in a December 1998 rating decision. The veteran's right eye enucleation is presumed to have been aggravated during service due to pre-existing conditions.
- Claimed conditions
- right eye enucleation
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- May 24, 2001
- Citation
- 0114557
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 0114557.
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
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has remanded the case due to new evidence not having been considered by the AOJ. The Veteran is asked to provide any private or VA treatment records relevant to his claims, and the AOJ will consider this new information before readjudicating the issue.
- Denied
The Veteran's claim for payment of full VA disability compensation benefits while incarcerated is denied due to his incarceration for a felony conviction, which disqualifies him from receiving higher compensation rates.
- Remanded (sent back)
The Board has remanded the case due to inadequate VA examination opinions and a need for additional development, including obtaining updated treatment records and scheduling an addendum VA eye examination.
- Remanded (sent back)
The Board remands the claim for an additional VA examination to evaluate the current symptomology of the Veteran's disability, as the previous examinations were found inadequate.
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