The Board denied the motion for an earlier effective date for compensation benefits for diplopia, left lateral gaze, based on service connection under 38 U.S.C.A. § 1151 (West 1991). The decision found that there was no CUE in the original denial.
The deciding factor: The Board determined that the correct facts and applicable laws were before them at the time of the June 24, 1998 decision, and thus did not find any basis for granting a motion alleging clear and unmistakable error (CUE).
- Claimed conditions
- diplopia, left lateral gaze
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 9, 2004
- Citation
- 0414952
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 0414952.
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 an initial 40 percent disability rating for bilateral eye disabilities but denied ratings for abdominal scars, hypertension, and remanded claims related to thrombosis and arthritis.
- Partly granted
The Board granted an effective date of February 29, 2016, for the award of service connection for bladder incontinence and granted service connection for bowel incontinence as secondary to the Veteran's service-connected lumbosacral spine disability.
- Partly granted
The appeal for service connection for diplopia was granted, while the other issues were remanded for further development.
- Remanded (sent back)
The Board remands the issue of entitlement to a rating in excess of 30 percent for right eye disability resulting in diplopia, including consideration of a separate rating for headaches, due to an insufficient VA medical opinion on whether the service-connected right eye disability aggravated the nonservice-connected headaches.
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