The Board denied an effective date before November 7, 2003 for the grant of nonservice-connected pension and a rating higher than 40 percent for enucleation of the right eye. The case is being remanded to obtain VA records from Dr. Clearihue's treatment in Los Angeles.
The deciding factor: The Veteran did not meet the criteria for an effective date before November 7, 2003 for nonservice-connected pension due to lack of evidence showing he was permanently and totally disabled by a nonservice-connected disability prior to that date. The claim for higher rating for enucleation of the right eye is being remanded.
- Claimed conditions
- enucleation of the right eye
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 3, 2011
- Citation
- 1117076
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 1117076.
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
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has remanded the case due to incomplete development of records related to whether the Veteran was required to pay for his medical expenses while incarcerated. The VA needs to obtain non-medical evidence from the Oklahoma Department of Corrections and other entities.
- Remanded (sent back)
The Board is remanding the case to obtain records from the Oklahoma Department of Corrections regarding the Veteran's medical expenses and whether he had been required to pay out-of-pocket for his service-connected disabilities.
- Granted
The Veteran's service-connected disabilities of the right eye, left hand and left arm are found to likely prevent him from securing and following substantially gainful employment.
- Denied
The Board found that the evidence submitted since the previous denials was new but not material, as it did not show a relationship between the enucleation of the right eye and service.
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