The Veteran argues that the February 1953 rating decision denying service connection for a right eye disorder was based on inadequate information, examinations, and opinions. The Board finds this claim to be mixed as it addresses both CUE and reopening of the claim.
The deciding factor: The February 1953 rating decision denied service connection due to the Veteran's amblyopia being considered a constitutional or developmental abnormality not a disability under the law. The current evidence does not establish clear and unmistakable error, but new material evidence has been received to reopen the claim.
- Claimed conditions
- Right Eye Amblyopia
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 17, 2010
- Citation
- 1035191
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 1035191.
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has remanded the Veteran's claim for service connection for a right eye disorder due to inadequate VA medical opinions and failure to address specific evidence. The case is now pending with instructions for an addendum opinion from an appropriate clinician.
- Denied
The Board found that the veteran's current eye disorders of hyperopic refractive error and presbyopia were not shown in service, and there is no competent medical evidence relating these disorders to his service. The Board also noted that exotropia and amblyopia began before service and did not increase beyond natural progression during active duty.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
- Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
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