The veteran's claim for an earlier effective date for the payment of benefits by reason of dependent spouse and stepson is denied. The proper effective date would be determined according to the provisions of 38 C.F.R. § 3.401(b).
The deciding factor: There was no objective evidence that the veteran submitted the required information prior to July 1991, which is the latest of the dates found in 38 C.F.R. § 3.401(b).
- Claimed conditions
- enucleation of the right eye
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- December 10, 2001
- Citation
- 0127168
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. Search VA.gov for the original decision (opens in a new tab) using citation 0127168.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Remanded (sent back)
The Board has remanded the case due to incomplete development of records related to whether the Veteran was required to pay for his medical expenses while incarcerated. The VA needs to obtain non-medical evidence from the Oklahoma Department of Corrections and other entities.
- Whole decision: Remanded (sent back)
The Board is remanding the case to obtain records from the Oklahoma Department of Corrections regarding the Veteran's medical expenses and whether he had been required to pay out-of-pocket for his service-connected disabilities.
- Whole decision: Granted
The Veteran's service-connected disabilities of the right eye, left hand and left arm are found to likely prevent him from securing and following substantially gainful employment.
- Whole decision: Denied
The Board denied an effective date before November 7, 2003 for the grant of nonservice-connected pension and a rating higher than 40 percent for enucleation of the right eye. The case is being remanded to obtain VA records from Dr. Clearihue's treatment in Los Angeles.
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