The Board denied the Veteran's claims for service connection for eye pain and Hepatitis B, finding that new and material evidence was not received to reopen the claim for eye pain and concluding that Hepatitis B did not result from service.
The deciding factor: The evidence submitted since the May 1995 rating decision did not relate to an unestablished fact necessary to substantiate the Veteran's claim of service connection for a disability characterized by eye pain, nor did it raise a reasonable possibility of substantiating his claim. The Board also found that Hepatitis B was not incurred in or aggravated by service.
- Claimed conditions
- eye pain, Hepatitis B
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- October 28, 2009
- Citation
- 0941133
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Search VA.gov for the original decision (opens in a new tab) using citation 0941133.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Denied
The Veteran's claims for service connection were denied, and the reduction of his hepatitis B rating from 20% to 0% was upheld. Service connection was not established for diabetes, left knee arthritis, hypertension, or obstructive sleep apnea. Bilateral hearing loss was granted.
- Whole decision: Remanded (sent back)
The Veteran's asthma and hepatitis B claims are remanded for further evaluation. The TDIU claim is also remanded due to its inextricability with the other claims.
- Whole decision: Remanded (sent back)
The Veteran's claim for an initial rating in excess of 20 percent for hepatitis B from January 4, 1977, to June 18, 2009 is being remanded due to the need for a retrospective addendum opinion.
- Whole decision: Denied
The Board denied the Veteran's claim for compensation under 38 U.S.C. § 1151 for Hepatitis B, finding insufficient evidence of a diagnosis and thus no additional disability.
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