The Veteran's claim for an initial rating in excess of 10 percent for liver cirrhosis has been denied.,An effective date of May 10, 2012, but no earlier, for service connection for liver cirrhosis is granted.,The claim for service connection for a lung condition was reopened due to the submission of new evidence that relates to an unestablished fact necessary to grant the Veteran's claim (new diagnosis and exposure history).,Compensation under 38 U.S.C. § 1151 for right eye blindness is denied.,Compensation under 38 U.S.C. § 1151 for left eye blindness is denied.
The deciding factor: The evidence does not support a worsening of the Veteran's right or left eye that was not reasonably foreseeable or caused by carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of the VA.,The earliest date on which the record supports that the Veteran had liver cirrhosis is May 10, 2012. The claim for service connection was reopened due to new evidence submitted since the final February 2015 decision.,The criteria for a higher rating (30 percent) are not met as there is no evidence of portal hypertension and splenomegaly in addition to weakness, anorexia, abdominal pain, malaise, and at least minor weight loss.,VA treatment did not cause the Veteran's right or left eye blindness. The Board found that any worsening was not reasonably foreseeable or caused by carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of the VA.,The criteria for compensation under 38 U.S.C. § 1151 are not met as there is no evidence showing that the Veteran's right or left eye blindness was caused by carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of the VA.
- Claimed conditions
- liver cirrhosis, lung condition
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 28, 2021
- Citation
- 21032870
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 21032870.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Veteran's lung condition and obstructive sleep apnea are being remanded for additional development to determine if they are related to service, specifically his in-service pneumonia. The claims will also be reviewed for secondary service connection due to the Veteran's tinnitus and hearing loss.
- Remanded (sent back)
The Veteran's lung condition, including pneumonia residuals, COPD, and emphysema, is remanded for further examination to determine if they are related to his military service. The appeal is reopened based on new evidence.
- Dismissed
The Veteran's claims for service connection have been dismissed due to the death of the Veteran.
- Denied
The Veteran's claim for service connection for non-Hodgkin's lymphoma was denied, and the Board found that no effective date prior to May 30, 2019 is warranted.
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