The Board denied the veteran's claims for increased ratings for left facial paralysis and ptosis of the left eye, as well as his claim for a TDIU. The RO is instructed to provide due process development and consider staged ratings for the left facial paralysis.
The deciding factor: The evidence did not support granting higher evaluations or a TDIU based on service-connected conditions alone.
- Claimed conditions
- left facial paralysis with history of Bell's palsy and anxiety symptoms, ptosis of the left eye
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- April 9, 2004
- Citation
- 0409385
Veterans Law Judge
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 0409385.
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 Veteran's claim for a higher rating for ptosis of the left eye was denied. The current 10 percent rating is based on impairment of visual field, but no other conditions warranting a higher rating are present.
- Whole decision: Remanded (sent back)
The Veteran's appeal is being remanded due to incomplete medical opinions and the need for additional evidence. The issues of a higher rating for his left eye disability and TDIU are also being remanded.
- Whole decision: Dismissed
The Veteran withdrew his appeals for increased evaluations related to various eye, nose, and head injuries. The Board dismissed the appeal due to the withdrawal.
- Whole decision: Denied
The Board denied service connection for a bilateral eye disability, including ptosis of the left eye and decreased visual acuity of both eyes. The Veteran's left eye ptosis was found to be a congenital defect not aggravated by service. His diagnosed refractive error is excluded from VA compensation due to its nature as a condition that is not defined as a disease or injury.
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.