The Veteran's lattice degeneration in both eyes with atrophic holes in the left eye is granted service connection. The Board finds that giving the benefit of doubt, HSV1 and HSV2 are also granted service connection as they were incurred during military service. Service connection for sleep apnea/upper airway resistance syndrome is remanded to determine its origin.
The deciding factor: The Veteran's lattice degeneration was diagnosed in service and has been a chronic condition since then. The Board found that the evidence supports granting service connection based on continuity of symptomatology. For HSV1 and HSV2, the Board granted service connection as there is no doubt that they were incurred during military service. Service connection for sleep apnea/upper airway resistance syndrome was remanded due to insufficient examination findings.
- Claimed conditions
- Lattice Degeneration, HSV1 and HSV2 (Herpes Simplex Virus I and II)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 29, 2010
- Citation
- 1028335
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 1028335.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
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The Veteran's compensable rating for residuals of lattice degeneration and diabetic retinopathy prior to February 25, 2020 is denied. Ratings in excess of 40 percent from February 25, 2020 to January 7, 2022, and in excess of 30 percent from January 7, 2022 are also denied.
- Denied
The Veteran's right eye disability was not caused by VA medical care, and the additional disability is not compensable under 38 U.S.C.A. § 1151.
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