The Board found that new and material evidence had been submitted to reopen the claim for service connection for an eye disorder, and granted service connection based on a diagnosis of retinitis pigmentosa first manifested during active duty.
The deciding factor: The evidence showed that the veteran's retinitis pigmentosa was diagnosed in service and there was no clear and convincing evidence that it pre-existed his service. The Board found this to be a new and material factor, leading to the grant of service connection.
- Claimed conditions
- retinitis pigmentosa, myopic astigmatism
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 13, 2009
- Citation
- 0901314
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board granted an earlier effective date of January 3, 2001, for service connection for retinitis pigmentosa based on the re-evaluation of previously unassociated service treatment records.
- Remanded (sent back)
The Board has decided to remand the case due to conflicting opinions regarding whether retinitis pigmentosa is a congenital defect or disease. Additional development, including an addendum opinion from the VA examiner, is needed.
- Remanded (sent back)
The Board has decided to remand the case due to the need for a VA examination to determine if the Veteran's current bilateral eye disorders, including retinitis pigmentosa and cataracts, had their onset during service or are otherwise related to his military service.
- Granted
The Board has granted service connection for retinitis pigmentosa and denied service connection for a heart condition. The Veteran's current bilateral eye retinitis pigmentosa is considered to have been incurred in service, with the presumption of soundness rebutted due to aggravation during service.
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