The Board has granted restoration of a compensable evaluation (10%) for the service-connected left eye pterygium, which had been reduced to noncompensable in June 1996. The issue of entitlement to an increased rating in excess of 10% remains unresolved.
The deciding factor: The Board found that the RO's failure to consider the applicable regulation (38 C.F.R. § 3.344) regarding stabilization of ratings was prejudicial to the appellant, leading to a reduction without proper justification.
- Claimed conditions
- left eye pterygium
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- August 12, 2002
- Citation
- 0209704
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 0209704.
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.
- Remanded (sent back)
The Veteran's claim for service connection for left eye pterygium is remanded due to a failure to consider her lay statements regarding increased exposure to ultraviolet rays in service.
- Denied
The Board has granted service connection for bilateral dry eye syndrome but denied service connection for bilateral asteroid hyalosis, bilateral cataracts, and left eye pterygium. The Veteran's dry eye syndrome is linked to his active duty service, while the other conditions are not.
- Remanded (sent back)
The Board remands the claims for service connection for bilateral dry eye syndrome and left eye pterygium due to a need for additional medical evidence.
- Granted
The Veteran's claim for an initial increased rating for service-connected left eye pterygium was granted, and the earlier effective date for peripheral vestibular disorder was denied.
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