The veteran's claim for higher ratings for enucleation of the left eye is denied.,The reduction from a 60 percent to a 40 percent rating based on clear and unmistakable error in the April 1, 2002 decision is upheld and meets procedural requirements.,The veteran's claim for a total disability rating for compensation purposes due to individual unemployability by reason of service-connected disabilities is denied.
The deciding factor: There is no evidence showing anatomical loss of one eye with the inability to wear a prosthesis, which would warrant a higher than 40 percent rating.,The April 1, 2002 decision found that the June 2001 decision was clearly and unmistakably erroneous and reduced the rating from 60 percent to 40 percent. The procedural requirements for reduction were met.,There is no evidence showing that the veteran is unable to secure or follow a substantially gainful occupation solely by reason of his service-connected enucleation of the left eye.
- Claimed conditions
- enucleation of the left eye
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 30, 2003
- Citation
- 0301848
Veterans Law Judge
Decisions by this judge: 191 · Granted: 32% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 0301848.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board has granted service connection for enucleation of the left eye and awarded a 10 percent initial disability rating for meralgia paresthetica of the right hip. The myocardial infarction claim is addressed in the REMAND portion of this decision.
- Remanded (sent back)
The Board has remanded the case for additional development, including obtaining informed consent forms from VA facilities regarding left eye procedures performed between February 2000 and March 31, 2001. The Veteran's claim will be reconsidered based on all available evidence.
- Remanded (sent back)
The Board has remanded the case due to missing informed consent forms and a need for further VA examination. The Veteran is seeking compensation benefits under 38 U.S.C.A. � 1151 for blindness and enucleation of the left eye, but the claim will be reconsidered with new evidence.
- Denied
The Board found that the Veteran's blindness and loss of his left eye were not caused by VA treatment, as PVR is a known risk of retinal detachment repair. The Board determined there was no evidence of fault on the part of VA.
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