The Veteran's claim for a rating in excess of 40 percent for postoperative chorioretinitis and early cataracts was denied. The Board found that the evidence did not support an evaluation higher than 40 percent, as his disability had been rated at or above 40 percent for over 20 years (protected). For the period prior to August 23, 2016, the Veteran's combined rating of 60 percent was insufficient to warrant a TDIU on an extraschedular basis. After August 23, 2016, his combined rating of 80 percent did not meet the criteria for a TDIU.
The deciding factor: The evidence did not show that the Veteran's disability warranted a higher evaluation than 40 percent under any applicable diagnostic codes or service connection theory. The Board noted that the Veteran had been rated at or above 40 percent for over 20 years, making his rating protected. For the period after August 23, 2016, his combined disability rating was sufficient to warrant a TDIU.
- Claimed conditions
- Postoperative chorioretinitis and early cataracts
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- October 18, 2017
- Citation
- 1746460
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 1746460.
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