The reduction of the Veteran’s disability rating for bilateral cataracts with bilateral retinopathy to 30 percent effective October 1, 2019 was proper. A rating higher than 30 percent is denied.
The deciding factor: The RO found clear and unmistakable error (CUE) in the previous evaluation due to a violation of the rule against pyramiding, which resulted in an incorrect combination of ratings for bilateral cataracts and retinopathy.
- Claimed conditions
- Bilateral Cataracts, Bilateral Retinopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- December 1, 2020
- Citation
- 20076411
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 20076411.
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 Veteran meets the schedular criteria for a total disability evaluation based on individual unemployability (TDIU) due to his service-connected disabilities, which render him unable to secure or follow a substantially gainful occupation.
- Denied
The Board denied the veteran's claims for increased ratings and TDIU, finding that the evidence did not support higher ratings for his service-connected conditions.
- Partly granted
The Board denied a rating in excess of 70 percent for major depressive disorder and remanded claims for service connection, increased ratings, and TDIU.
- Denied
The Board denied service connection for hypertension, headaches, bilateral cataracts, and left hand osteoarthritis as the evidence did not support a finding that these conditions were incurred in or aggravated by active service.
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