The Veteran's claim for an effective date earlier than July 2, 2013, for payment of compensation under 38 U.S.C.A. § 1151 for left eye vision loss was denied as there is no legal basis for assignment of any earlier effective date.
The deciding factor: The Veteran withdrew his prior claim under 38 U.S.C.A. § 1151 to institute a tort claim, and the February 2012 letter from the Veteran's spouse cannot be considered an informal claim as it was not from the Veteran or his duly authorized representative.
- Claimed conditions
- left eye vision loss
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 4, 2017
- Citation
- 1714727
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 1714727.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's initial claim for a left eye retinal scar (claimed as left eye vision loss) was granted with an initial noncompensable rating. For the period prior to September 11, 2023, she is now receiving a 10 percent rating. The matter of her increased rating since September 11, 2023, remains pending.
- Dismissed
The Veteran's appeal was dismissed due to his death during the pendency of the appeal.
- Remanded (sent back)
The Board has decided to remand the case for a new evaluation of the Veteran's claim for compensation under 38 U.S.C. § 1151 due to his left eye vision loss resulting from a June 2021 VA medical procedure.
- Denied
The Veteran's claim for a compensable rating for alopecia was denied as the evidence did not show loss of all body hair.,Service connection for a left hip condition, left eye vision loss, and left foot condition were denied due to lack of current disability. Service connection for a lung condition was also denied.,The Veteran's claim for service connection for a lung condition was denied as there is no evidence of a current disability.
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