The Veteran's service-connected bilateral aphakia does not meet the criteria for an evaluation in excess of 30 percent. The combined rating of his service-connected disabilities is 50 percent, which does not meet the requirements for a TDIU rating under VA regulations.
The deciding factor: The Veteran's service-connected bilateral aphakia results in corrected visual acuity that does not warrant an evaluation in excess of 30 percent. His combined disability rating is insufficient to qualify him for a TDIU based on his other service-connected conditions and educational background.
- Claimed conditions
- Bilateral Aphakia, Chondromalacia of the Left Knee, Bronchial Asthma
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- February 17, 2010
- Citation
- 1005835
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. Look up the original decision on VA.gov (opens in a new tab) using citation 1005835.
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
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Other Board decisions on a similar condition or argued the same way.
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The appeal to revise, based on clear and unmistakable error (CUE), an October 2020 rating decision's assignment of a 50 percent disability rating for obstructive sleep apnea with bronchial asthma was denied.
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The Board denied an evaluation greater than 50 percent for sleep apnea and a separate rating for bronchial asthma, as the Veteran's symptoms did not meet or approximate the criteria for higher ratings.
- Denied
The Board denied the Veteran's appeal for separate ratings for obstructive sleep apnea and bronchial asthma, as it found that maintaining separate ratings was prohibited under VA regulations.
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