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
- Not verified here — check the original decision
- 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. Read the original VA decision (opens in a new tab) using citation 1005835.
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: Granted
The Veteran's service-connected bronchial asthma is found to have aggravated his pre-existing cardiovascular condition, contributing substantially and materially to his cause of death.
- Whole decision: Granted
The Board has granted service connection for obstructive sleep apnea (OSA) as secondary to the Veteran's service-connected bronchial asthma, resolving reasonable doubt in favor of the Veteran.
- Whole decision: Denied
The Board denied the Veteran's claim for a separate 50 percent disability rating for service-connected obstructive sleep apnea, as it is prohibited by law to assign separate ratings for coexisting respiratory disabilities.
- Whole decision: Denied
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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