The Board found no clear and unmistakable error in the May 1971 RO decision that denied service connection for retinitis pigmentosa.
The deciding factor: The evidence did not show that the veteran's retinitis pigmentosa was present in service or at separation therefrom, and it was concluded that such disorder was not incurred in or aggravated by service.
- Claimed conditions
- retinitis pigmentosa
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 4, 2009
- Citation
- 0903917
What this means for you
A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot. It says more about procedure than about whether a claim like this can win.
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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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.