The Board has determined that there was clear and unmistakable error in the December 1978 rating decision denying service connection for retinitis pigmentosa with night blindness and partial ring scotoma. The issue of whether new and material evidence has been received to reopen the claim is moot as a result.
The deciding factor: The correct law at the time did not apply correctly in the December 1978 rating decision, which resulted in an incorrect outcome based on the record and law that existed at the time.
- Claimed conditions
- retinitis pigmentosa, night blindness, partial ring scotomata
- How they argued it
- Aggravation of a pre-existing condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 25, 2016
- Citation
- 1607353
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 1607353.
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
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The Board dismissed the motion to revise a 1968 rating decision denying service connection for retinitis pigmentosa due to the Veteran's death.
- Remanded (sent back)
The Board has remanded the case due to the need for additional development, including obtaining Social Security Administration records and providing an addendum opinion regarding the Veteran's service-connected diabetes mellitus type II and hypertension.
- Denied
The Board denied service connection for bilateral hearing loss and retinitis pigmentosa, finding no evidence of a nexus to active service.
- Remanded (sent back)
The Board has remanded two claims: one related to a temporary total evaluation for ingrown toenails and another for an initial compensable rating for night blindness. The Veteran's right is to have these issues reviewed again due to incomplete VA treatment records and scheduling issues with the necessary examinations.
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