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
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.
What this means for you
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What you can do next
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