The veteran argues that the Board improperly applied the regulations to determine the degree of preexisting disability present at induction, and he asserts that the facts demonstrate a noncompensable evaluation (0%) for the level of preexisting disability. The Board found that the correct facts were known at the time and correctly applied the relevant laws.
The deciding factor: The Board's decision was based on the application of 38 C.F.R. § 4.22, which requires a deduction from the present degree of disability for the degree of preexisting disability existing at the time of entrance into active service.
- Claimed conditions
- Residuals of enucleation of the left eye
- How they argued it
- Aggravation of a pre-existing condition
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- December 8, 2006
- Citation
- 0638272
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 0638272.
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
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