The Board denied an increased rating for the veteran's service-connected residuals of a fracture of the right zygoma, finding that the evidence did not support a higher rating due to lack of bone loss and no active infections or other complications.
The deciding factor: The preponderance of the evidence showed no loss of bone matter from the initial injury and no active infections, thus preventing an increased rating in excess of 10 percent under Diagnostic Code 5296.
- Claimed conditions
- fracture of the right zygoma, trigeminal neuralgia
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- February 2, 2004
- Citation
- 0402991
Veterans Law Judge
Decisions by this judge: 504 · Granted: 31% (granted or partly granted, in the indexed 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. Search VA.gov for the original decision (opens in a new tab) using citation 0402991.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Denied
The Board has denied the Veteran's claims for service connection for skull injury/traumatic brain injury and trigeminal neuralgia, finding that there is no current disability related to active service.
- Whole decision: Granted
The Veteran's service-connected disabilities render him in need of the aid and attendance of another person, leading to a grant of special monthly compensation (SMC) based on aid and attendance.
- Whole decision: Granted
The Board has determined that the Veteran's bilateral arm numbness is related to his military service and grants service connection for this condition.
- Whole decision: Denied
The Board denied the Veteran's claims for service connection for Bell's palsy and trigeminal neuralgia, finding that there was no current disability of Bell's palsy or chronic residuals related to it. For trigeminal neuralgia, the Board found insufficient evidence linking the condition to burn pit exposure during active duty.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.