The VA has denied the veteran's claims for increased evaluations for diplopia and sinusitis with headaches, as there is no evidence of more than a 10 percent disability in either condition.
The deciding factor: The medical evidence does not show that the veteran experiences non-incapacitating symptoms six or more times per year or that he has been receiving antibiotics for a sinus infection three times a year for a period of six weeks or more, which are required for higher ratings under Diagnostic Codes 6513 and 6079.
- Claimed conditions
- Diplopia (Double Vision), Sinusitis with Headaches
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 25, 2005
- Citation
- 0523338
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 0523338.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has found that the Veteran's sinusitis with headaches warrants an initial 30 percent rating, but no higher. The Veteran's chronic tonsillitis to include chronic laryngitis is rated at 10 percent. Tinnitus remains a pending issue due to insufficient evidence in the record.
- Remanded (sent back)
The Board has determined that the Veteran's claims for service connection for bilateral hearing loss, hypertension, gastritis, left and right knee disabilities, sinusitis with headaches, left foot scar, and adjustment disorder with anxiety are not supported by evidence of a current disability. The issues have been remanded to obtain additional medical opinions regarding these conditions.
- Denied
The Veteran's sinusitis with headaches is not shown to meet the criteria for a higher evaluation, and service connection for migraine headaches is not warranted.
- Denied
The Veteran's employment is not considered marginal or in a protected environment, and his service-connected disabilities do not prevent him from securing or following a substantially gainful occupation.
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