The Board denied the veteran's claim for service connection for a left eye condition in December 1996. The Court granted a Joint Motion for Remand, vacating the October 2001 Board decision and remanding the matter for additional proceedings. The Board again denied the claim in August 2003. New evidence received since the previous denial does not meet the criteria to reopen the claim.
The deciding factor: The new evidence submitted is not considered material as it does not relate a left eye disability to service.
- Claimed conditions
- left eye condition
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 20, 2006
- Citation
- 0601773
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.
- Denied
The Board denied the veteran's claims for service connection, higher ratings, and earlier effective dates, as well as dismissed his claim for a TDIU.
- Partly granted
The Board denied an initial rating higher than 50 percent for persistent depressive disorder and remanded the claims for service connection for a left eye condition and headaches.
- 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 fibromyalgia, migraines, neuropsychological signs or symptoms, and a respiratory condition. The claims for an acquired psychiatric disorder, sleep disorder, lumbar spine disability, bilateral eye conditions, gastrointestinal problems, high blood pressure, and left below knee amputation were remanded.
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