The Board has dismissed the appeal of the overpayment claim because the reduction in rating for the Veteran's service-connected keratoconus was found to be improper and void ab initio, thus eliminating the overpayment.
The deciding factor: The reduction in disability rating for the Veteran's service-connected condition (keratoconus) was found to be improper and void ab initio.
- Claimed conditions
- keratoconus
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 27, 2020
- Citation
- 20069329
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 Board denied the Veteran's appeal for a higher disability rating for keratoconus, as the evidence did not support a rating higher than 40 percent.
- Dismissed
The appeal for a compensable rating for keratoconus was dismissed due to the untimely filing of the notice of disagreement.
- Granted
The Board granted service connection for keratoconus, resolving reasonable doubt in favor of the Veteran and finding that it is at least as likely as not related to in-service environmental exposures.
- Remanded (sent back)
The Board remands the claim for an additional VA examination to address whether the Veteran's eye condition was due to carelessness, negligence, lack of proper skill, error in judgment, or a similar instance of fault on the part of VA.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.