The Board denied the appellant's claims for increased evaluation of mandible fracture residuals, service connection for head trauma including headaches and dizziness, bilateral elbow disorder, refractive error (hyperopia and presbyopia), and hearing loss. The Board found that the evidence did not support an increase in rating beyond 10 percent for the jaw disability or establish service connection for any of the other conditions.
The deciding factor: The appellant's residuals of a unilateral mandible fracture were evaluated as 10 percent disabling, which was considered adequate given his symptoms. The Board found no evidence to support higher ratings based on functional loss due to pain, weakened movement, excess fatigability, or pain on movement. For the head trauma and hearing loss claims, the Board noted that there was no clinical evidence of residuals from service-connected conditions. For the bilateral elbow disorder, the Board found that it was at least as likely as not related to active duty for training (ACDUTRA). The appellant's refractive error was determined not to be a recognized disability under VA compensation criteria.
- Claimed conditions
- Bilateral elbow degenerative joint disease, Head trauma including headaches and dizziness, Hearing loss, Refractive error (hyperopia and presbyopia), Residuals of a unilateral mandible fracture with no loss of teeth
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 10, 2004
- Citation
- 0406368
Veterans Law Judge
Decisions by this judge: 1,458 · Granted: 24% (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 0406368.
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