The Veteran's appeal for an increased rating in excess of 10 percent for residuals of a right eye injury with choroidal rupture and sphincter tear was dismissed due to the Veteran withdrawing his appeal. The case is also remanded for further action on the issues of entitlement to an increased evaluation for post-traumatic headaches, including extraschedular consideration, and for an effective date prior to February 28, 2011 for a total disability rating based on individual unemployability (TDIU).
The deciding factor: The Veteran withdrew his appeal regarding the issue of an increased rating for residuals of a right eye injury with choroidal rupture and sphincter tear.
- Claimed conditions
- residuals of a right eye injury with choroidal rupture and sphincter tear, post-traumatic headaches
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 27, 2018
- Citation
- 18122206
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 18122206.
What this means for you
A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot. It says more about procedure than about whether a claim like this can win.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's head injuries and post-traumatic headaches following an October 2023 VA shuttle bus incident are not compensable under 38 U.S.C. §1151 because the injuries occurred before any treatment or examination by VA.
- Remanded (sent back)
The Board has remanded the case for further development and consideration, including obtaining VA treatment records and a medical opinion regarding the Veteran's possible TBI. The claim of service connection for post-traumatic headaches remains pending.
- Granted
The Board has granted an effective date of September 7, 2018 for the assignment of a 50 percent rating for the Veteran's service-connected post-traumatic headaches. The decision is based on the fact that the Veteran submitted an intent to file for compensation with VA on September 7, 2018, and his claim was received by VA within one year of this submission.
- Partly granted
The Board granted a 40 percent rating for lumbar strain but denied higher ratings and service connection for other conditions.
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