The Board denied service connection for aphakia, left eye with defective vision due to a failure to apply the correct legal regulations at the time.
The deciding factor: The Board incorrectly applied the legal regulations extant at the time of the decision, leading to an incorrect denial of service connection.
- Claimed conditions
- aphakia, left eye, defective vision
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 18, 2019
- Citation
- 19186573
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board remands the claims for further development and readjudication.
- Dismissed
The Board dismissed the claim for compensation under 38 U.S.C. § 1151 as it is moot due to the grant of service connection for multiple eye conditions.
- Denied
The Board denied the Veteran's claims for service connection for various conditions, including bilateral knee disorder, bilateral pes planus, schizophrenia, periorbital eye disorder, abnormal heart disorder, and defective vision. The decision found that new and material evidence was not submitted to reopen any of these claims.
- Remanded (sent back)
The Board has reopened the Veteran's claim for service connection for retinochoroiditis, history of chorioretinitis and iritis, left eye. The case is remanded to obtain VA treatment records, schedule a new examination by an appropriate clinician regarding the etiology of the condition, and determine the current severity of PTSD.
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