The veteran's claims for increased ratings and to a total disability rating based on individual unemployability were denied due to the RO finding that he was not unemployable due to his service-connected disabilities. The Board also found that he could not have been continuously rated as totally disabled for a period of ten years immediately preceding death.
The deciding factor: The veteran's claims were denied because the RO determined he was not unemployable due to his service-connected conditions, and the Board agreed with this determination based on the preclusive effect of previous decisions and the fact that the veteran died without meeting the criteria for a total disability rating based on individual unemployability.
- Claimed conditions
- aphakia (left eye), anxiety reaction, incomplete paralysis of the left median nerve (due to a shell fragment wound injury), scars on the right side of his face and nose (due to a shell fragment wound injury), muscle injury of the left arm with retention of foreign bodies, post-operative residuals of a resected nasal septum (secondary to trauma), scars of the region of the left rib, right knee, and left forearm (noncompensably disabling), scars of the right forehead and posterior ear region (due to wreck of fire truck) (noncompensably disabling)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 70%
- Decision date
- December 30, 2003
- Citation
- 0336665
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 0336665.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Partly granted
The Board granted service connection for the veteran's left and right knee disabilities but denied service connection for bilateral hearing loss.
- Dismissed
The Board denied the Veteran's motions to reverse or revise prior rating decisions on grounds of clear and unmistakable error (CUE), finding no such errors in the March 1971 and August 2004 decisions.
- Dismissed
The Board dismissed the claims for earlier effective dates and higher ratings for various conditions, including left eye condition, right eye condition, hypertension, left knee, right knee, obstructive sleep apnea, and coronary artery disease (CAD), as well as denied an earlier effective date for CAD.
- Denied
The Board denied service connection for a right leg disability, kidney cancer, including residuals, and bilateral knee disabilities as the evidence did not support that these conditions began during active service or are related to an in-service injury or disease.
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