The Board found no clear and unmistakable error in the December 1979 rating decision, and the Court affirmed this decision. The earliest effective date for an increased rating is November 27, 2002.
The deciding factor: The veteran's arguments were previously considered and rejected by the Board and Court, and no new evidence was presented to warrant a different outcome.
- Claimed conditions
- diplopia
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 4, 2009
- Citation
- 0907836
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Partly granted
The Board granted an initial 40 percent disability rating for bilateral eye disabilities but denied ratings for abdominal scars, hypertension, and remanded claims related to thrombosis and arthritis.
- Partly granted
The Board granted an effective date of February 29, 2016, for the award of service connection for bladder incontinence and granted service connection for bowel incontinence as secondary to the Veteran's service-connected lumbosacral spine disability.
- Remanded (sent back)
The Board remands the issue of entitlement to a rating in excess of 30 percent for right eye disability resulting in diplopia, including consideration of a separate rating for headaches, due to an insufficient VA medical opinion on whether the service-connected right eye disability aggravated the nonservice-connected headaches.
- Denied
The Board denied a separate rating for diplopia due to myasthenia gravis prior to August 5, 2021, as it is considered part of the overall visual impairment already rated at 40%.
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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.