The Veteran's claim of service connection for retinitis pigmentosa was granted with an effective date of February 16, 1977 due to clear and unmistakable error (CUE) in the March 31, 1977 rating decision.
The deciding factor: There was CUE in the March 1977 rating decision as it did not apply the correct law at that time, specifically failing to consider the presumption of soundness for pre-existing conditions and incorrectly identifying retinitis pigmentosa as a congenital defect rather than a disease.
- Claimed conditions
- retinitis pigmentosa
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- March 5, 2019
- Citation
- 19115976
Veterans Law Judge
Decisions by this judge: 2,604 · Granted: 65% (granted or partly granted, in the indexed decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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. Read the original VA decision (opens in a new tab) using citation 19115976.
What this means for you
A grant means the Board allowed the benefit or issue identified in this decision. Review the original order: other issues in the same appeal may have a different outcome, and this decision does not predict another claim.
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.
- Granted
The Board granted an earlier effective date of January 3, 2001, for service connection for retinitis pigmentosa based on the re-evaluation of previously unassociated service treatment records.
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