The veteran's death was not caused by VA medical treatment.,VA did not commit clear and unmistakable error in a prior decision that would have resulted in the veteran being continuously rated totally disabled for a period of 10 or more years immediately preceding his death.,No additional evidence, consisting solely of service department records that existed at the time of a prior VA decision but were not previously considered by VA, has been submitted to support reopening a claim finally decided during the veteran's lifetime.,Prior to September 28, 1998, visual acuity of the veteran's left eye was greater than 5/200. Therefore, entitlement to SMC based on anatomical loss of one eye prior to that date is denied.
The deciding factor: The VA medical treatment did not cause the veteran's death.,There is no evidence of clear and unmistakable error in a previous decision regarding total disability rating.,No new, relevant evidence was submitted to reopen a claim finally decided during the veteran's lifetime.,Visual acuity of the left eye prior to September 28, 1998 was sufficient for SMC based on anatomical loss of one eye.
- Claimed conditions
- enucleation of the right eye, blindness in the left eye
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 100%
- Decision date
- November 13, 2008
- Citation
- 0839102
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 0839102.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has remanded the case due to incomplete development of records related to whether the Veteran was required to pay for his medical expenses while incarcerated. The VA needs to obtain non-medical evidence from the Oklahoma Department of Corrections and other entities.
- Remanded (sent back)
The Board has ordered a remand due to the need for additional medical opinions regarding whether any current left eye disability is related to service, including a head injury during service. The Veteran's claims are being returned for further development.
- Dismissed
The Veteran's appeals for service connection on multiple conditions have been dismissed due to his death.
- Remanded (sent back)
The Veteran's blindness in the left eye with right eye glaucoma and cataract is currently rated at 70 percent, but a higher rating of over 70 percent is being remanded for further evaluation.
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