The Board has restored the appellant's left eye disability evaluation from 40 percent to 50 percent, finding that the reduction was improper due to a failure to consider and apply the provisions of 38 C.F.R. § 3.343 and § 3.344.
The deciding factor: The RO failed to apply the provisions of 38 C.F.R. § 3.343 and § 3.344 in its reduction of the appellant's disability evaluation for anatomical loss of left eye with giant papillary conjunctivitis from 50 percent to 40 percent, rendering the May 2004 rating decision void ab initio.
- Claimed conditions
- anatomic loss of left eye with giant papillary conjunctivitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 50%
- Decision date
- August 29, 2006
- Citation
- 0627284
Veterans Law Judge
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. Search VA.gov for the original decision (opens in a new tab) using citation 0627284.
What this means for you
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What you can do next
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