The veteran's service-connected residuals of shell fragment wounds of the right eye and left cheek are rated at 10 percent, which is not in excess of what was initially granted. The claim for malaria has no compensable rating assigned. TDIU is denied as the evidence does not show that his service-connected disabilities prevent him from obtaining or maintaining substantially gainful employment. The effective date for a 70 percent rating for anxiety prior to April 21, 1999, is denied.

The deciding factor: The veteran's residuals of shell fragment wounds of the right eye and left cheek are rated at 10 percent based on their current severity, which does not meet the criteria for a higher rating. The malaria condition has no compensable rating assigned as there is no evidence of active disease or significant impairment. TDIU was denied because the veteran's service-connected disabilities do not prevent him from obtaining or maintaining substantially gainful employment. The effective date for a 70 percent rating for anxiety prior to April 21, 1999, is denied due to lack of formal or informal claims and factual determinations.

Claimed conditions

Residuals of shell fragment wounds of the right eye and left cheek

How they argued it

Direct service connection

Exposure basis

None

Rating

Not verified here — check the original decision

Decision date

November 1, 2007

Citation

0734381

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 0734381.