The Board denied the appellant's claims for service connection for diplopia, and for increased ratings for his cervical spine and lumbosacral spine disabilities. The VA examinations conducted in December 1999 and August 2002 were not provided to the appellant.
The deciding factor: VA did not provide the appellant with the necessary VA examination reports that were part of their claims file, which could have helped determine the nature and etiology of his diplopia and the severity of his cervical spine and lumbosacral spine disabilities.
- Claimed conditions
- diplopia, left inguinal hernia repair, bilateral pterygium, blepharitis and conjunctivitis with trichiasis, degenerative disc disease of the cervical spine, degenerative joint disease of the lumbosacral spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 4, 2004
- Citation
- 0414475
Veterans Law Judge
Decisions by this judge: 1,293 · Granted: 17% (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 0414475.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Veteran's service-connected disabilities alone are of sufficient severity to produce unemployability, meeting the schedular criteria for a TDIU throughout the appeal period. However, conflicting work history makes it impossible to determine his employment status during the period on appeal.
- Remanded (sent back)
The Veteran's tinnitus and bilateral hearing loss are granted as service-connected. The Veteran's cervical spine disability is remanded for further examination to determine the current severity of his condition.
- Granted
The Veteran's service-connected disabilities require regular aid and attendance, which grants entitlement to special monthly compensation based on aid and attendance. The issue of entitlement to special monthly compensation at a housebound rate is moot due to the grant of aid and attendance.
- Denied
The Veteran's claim for a compensable disability rating for diplopia was denied as the evidence did not support finding that his diplopia is constant or causes incapacitating episodes. The Board found that the Veteran's visual acuity and field loss were within normal limits, and thus, he does not meet the criteria for a compensable rating under DC 6090.
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