The appeal to reopen a claim for service connection for a bilateral eye disability on a direct basis was denied because the evidence submitted since the January 2002 denial did not relate to an unestablished fact necessary to substantiate the claim and did not raise a reasonable possibility of substantiating that claim.
The deciding factor: The Board found that the new evidence received did not establish a link between the veteran's current bilateral eye disability and his military service, as required for direct service connection.
- Claimed conditions
- bilateral eye disability
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 2, 2009
- Citation
- 0903504
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
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Partly granted
The veteran's claims for service connection for various conditions were denied, except for tinnitus and bilateral hearing loss disability which were granted. The veteran was also granted service connection for hypertension.
- Granted
The Board granted service connection for a bilateral eye disability, resolving all reasonable doubt in the Veteran's favor.
- Denied
The Board denied the veteran's claims for a higher rating for GERD and service connection for glaucoma, while remanding the claim for service connection for a bilateral eye disability.
- Denied
The Board denied service connection for bilateral shoulder, left wrist, bilateral hip, and left ankle disabilities as there is no current disability. The claim for an acquired psychiatric disability was remanded for further development.
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