Eye Disease Claim

[Beachy]

Hello All, I am new to this group and have found tons of useful information here.

I was denied service connection for an eye disease (retinitis pigmentosa) about 2 years ago. The denial stated that my disease is genetic and was not caused by my military service,. I felt frustrated, and let the appeal lapse. I have since met other vets with RP who have been awarded SC. So, I am going to try again.

I called my local rep, and he said he could re-open my case... I wasn't aware this could be done after the appeal period. I was planning to file myself this time, and starting a whole new case. I'm aware I would be giving up nearly two years of retro if I win. But, I feel I answered some questions poorly at my C&P, and would prefer a fresh start.

BTW, my eye disease causes tunnel vision and poor night vision. I have a copy of my C-file and have gone though my visual tests. I was never given visual field tests or night vision tests, so how could they prove I did not have this disease prior or during my TIS?

So my question is; Should I start a new claim or re-open if possible?

Thanks in advance,

Mike

[carlie]

Beachy,

Welcome to Hadit.com .

If it were my claim/issue I would submit new and material evidence with my request

to re-open, on a 21-4138 form or by way of VONAPP.

There was a huge CUE case that set precedence regarding a RP disability.

Perhaps someone will locate a link and post it.

Others will chime in.

[Berta]

Rockhound posted it here- if this is the one you mean Carlie:

ORDER

As there was CUE in the April 1949 Board decision which

denied restoration of service connection for retinitis

pigmentosa, the motion for reversal of that decision is

granted.

http://www.va.gov/vetapp03/files/0300857.txt

[Berta]

Did you mean Meeks V West?

http://vlex.com/vid/meeks-claimant-togo-veterans-affairs-38264594

[carlie]

Berta,

Yes - I was referring to the Meeks CUE decision - I believe there are

actually 2 BVA links and also the Meeks - I think the 2nd BVA decision went to

the court level and set precedence for something in his CUE.

Sometimes I get confused - but I think it's like I posted above.

[Beachy]

Wow, thanks for such great info ladies!

So, essentially I would use a form 21-438 (already downloaded), and make a statement of no symptoms prior to service?

The only evidence I found in my c-file is a visit to the on-base eye clinic, I recall that visit, I was complaining about light sensitivity going into and out of the hangar with my glasses. He prescribed contacts and told me to go get a good pair of sunglasses. Other than that I have no other evidence except the fact I was never given visual field tests to determine whether or not I had RP during my TIS or to argue that it worsened at a higher rate during my TIS.

Do you think that will be enough?

[Berta]

I think you need to carefully go over your SMRs and see what else might be in there.

You are describing inservice photosensitivity which may or may not be due to retinitis pigmentosa.

"I was never given visual field tests or night vision tests, so how could they prove I did not have this disease prior or during my TIS?"

The better question is how do you prove you DID have this disease inservice.

You will need medical evidence from your SMRs. Did you ever have to be relieved from night duty? Did you have any inservice event or accident - no matter how minor- that could be attributed to a peripheral vision problem by any evidence in your SMrs or 201 file?

How long after your service discharge were you diagnosed with this condition?

You will need to re open with some new and material evidence that is not redunant nor cummulative- something, in other words, they haven't seen before or considered in the last decision.

If you can find a good internet printout saying photosensitivily is a symptom of your condition and then refer them to the actual medical record for this :

"visit to the on-base eye clinic",that should be enough in my opinion to warrant a re-open.