The veteran's claim for an increased rating for enucleation of the right eye and special monthly compensation based on anatomical loss of the right eye is denied. The maximum schedular evaluation assigned after a deduction is 10 percent, which reflects the degree of disability existing at the time of entrance into active service.
The deciding factor: The veteran's vision in the right eye was limited to light perception only at the time of his entry into active service and this degree of disability existed prior to any service-connected condition. The maximum schedular evaluation for enucleation of the right eye is assigned after a deduction, reflecting the degree of disability existing at the time of entrance.
- Claimed conditions
- enucleation of the right eye
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- March 30, 2006
- Citation
- 0609222
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 for enucleation of the right eye, choiroidal melanoma, prostate cancer, bleeding ulcers, hypertension and a heart condition, a sinus condition, and spine arthritis as they were not incurred or aggravated during his active military service.
- Granted
The Board found that the enucleation of the veteran's right eye was a result of negligence on the part of VA physicians during a routine cataract surgery in December 2001, and thus warranted compensation under 38 U.S.C.A. § 1151.
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
- Remanded (sent back)
The Board remands the claim for a medical examination to determine if the Veteran's current neck strain is related to his in-service activities.
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