The rating reduction for bilateral preoperative cataracts and retinopathy was improper, so the disability rating is restored to 30 percent. The claim for service connection for a right ankle condition is dismissed as it has been fully resolved.
The deciding factor: The AOJ failed to show an actual change in the Veteran's eye condition or demonstrate improvement in his ability to function under ordinary conditions of life and work.
- Claimed conditions
- Bilateral preoperative cataracts, Primary open angle glaucoma, Pinguecula, Intermittent diabetic retinopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 25, 2024
- Citation
- 24033397
Veterans Law Judge
Decisions by this judge: 1,963 · Granted: 32% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 24033397.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 service connection for various conditions and denied earlier effective dates for the grant of service connection, except for a 10 percent rating for pseudofolliculitis barbae and a 20 percent rating for bilateral dry eye syndrome.
- Partly granted
The Board granted service connection for cortical cataracts and pinguecula, while denying service connection for pseudofolliculitis barbae, left ear pain, right lower extremity shin splints, and left lower extremity shin splints.
- Granted
The Veteran's service-connected disabilities render her unable to secure or follow a substantially gainful occupation, and TDIU is granted.
- Denied
The Board denied a rating in excess of 20 percent for diabetes mellitus type II with bilateral preoperative cataracts, erectile dysfunction, and dermatophytosis.
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