The veteran is granted an effective date of June 28, 1995 for his 100% rating under the provisions of 38 U.S.C.A. § 1151 and 38 C.F.R. § 3.383 for the retinal detachment of his left eye due to cataract surgery at a VA medical center, with an additional nuclear sclerotic cataract of the right eye causing bilateral blindness.
The deciding factor: The veteran became legally blind in both eyes, not just in his left eye, and this provided the legal basis for increasing his rating for his now bilateral blindness from the initial 30% level to 100%. The effective date is set at June 28, 1995, which was when he filed his claim.
- Claimed conditions
- retinal detachment, nuclear sclerotic cataract
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 100%
- Decision date
- October 16, 2001
- Citation
- 0124746
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 0124746.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Partly granted
The Board granted an initial 40 percent disability rating for bilateral eye disabilities but denied ratings for abdominal scars, hypertension, and remanded claims related to thrombosis and arthritis.
- Denied
The appeal for compensation under 38 U.S.C. § 1151 for open angle glaucoma, retinal detachment, and cataract (eye disability) was denied as the evidence did not support a finding that these conditions were caused by VA's carelessness or negligence.
- Denied
The Board denied the Veteran's claims for special monthly compensation based on the need for aid and attendance and an earlier effective date for service connection of schizoaffective disorder.
- Denied
The Board denied the Veteran's claims for service connection for open angle glaucoma, cataracts, and retinal detachment as there is no evidence linking these conditions to his military service or any in-service toxic exposure.
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