The Board denied the Veteran's claims for service connection for blurred vision in the right eye and shin splints as there was no evidence of chronic disabilities during active service or that any present disabilities were related to his military service.
The deciding factor: There is no competent evidence indicating these disorders were chronic during active service and there is no competent evidence of any present shin splints or right eye disabilities. The Veteran failed to report for a scheduled VA examination, and under 38 C.F.R. § 3.655 the claim must be decided based upon the available record.
- Claimed conditions
- blurred vision in the right eye, shin splints
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 19, 2009
- Citation
- 0906242
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.
- Denied
The Board denied the Veteran's appeal for special monthly compensation based on loss of use of his left foot, as there was no evidence showing that the service-connected conditions resulted in functional limitation equal to that of amputation of the left foot with prosthesis.
- Remanded (sent back)
The Board remands the claims for service connection for various conditions, including sleep apnea, knee and back issues, neck strain, shin splints, shoulder strain, sinusitis, rhinitis, GERD, penile condition, and bilateral flatfoot.
- Denied
The Board denied various claims for increased ratings and service connection, including cervical spine strain with IVDS, upper extremity radiculopathy, tinnitus, lumbosacral strain, and shin splints.
- Partly granted
The Board granted service connection for a lower back condition and tinnitus, denied a higher rating for PTSD, and remanded the remaining claims for further development.
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