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 congenital defects and incorrectly identifying retinitis pigmentosa as a hereditary condition pre-existing service.
- Claimed conditions
- retinitis pigmentosa
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- 100%
- Decision date
- March 5, 2019
- Citation
- 19115976
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 19115976.
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.
- 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.
- Remanded (sent back)
The Board has decided to remand the case due to conflicting opinions regarding whether retinitis pigmentosa is a congenital defect or disease. Additional development, including an addendum opinion from the VA examiner, is needed.
- Remanded (sent back)
The Board has decided to remand the case due to the need for a VA examination to determine if the Veteran's current bilateral eye disorders, including retinitis pigmentosa and cataracts, had their onset during service or are otherwise related to his military service.
- Granted
The Board has granted service connection for retinitis pigmentosa and denied service connection for a heart condition. The Veteran's current bilateral eye retinitis pigmentosa is considered to have been incurred in service, with the presumption of soundness rebutted due to aggravation during service.
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