The Board denied the veteran's request to reopen a previously denied claim for service connection for sinusitis with headaches and now claimed as migraines, finding that new and material evidence had not been submitted.
The deciding factor: The evidence obtained since 1993 does not raise a reasonable possibility of substantiating the claim because there was no diagnosis of sinusitis or headaches at the time of discharge from service, only a notation that the veteran had experienced recurrent congestion with headaches; there was no diagnosis of sinusitis or headaches upon VA examination in December 1992; and there is an approximate eleven year history of treatment for various problems and no mention of sinus or headache problems.
- Claimed conditions
- sinusitis with headaches, migraine headaches
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 8, 2008
- Citation
- 0811603
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. Look up the original decision on VA.gov (opens in a new tab) using citation 0811603.
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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 remanded the claims for bilateral hearing loss, migraine headaches, and PTSD due to additional development of records and examination.
- Remanded (sent back)
The Veteran's claims for increased ratings and TDIU are being remanded due to the addition of new evidence. The Veteran is also asked to complete a TDIU claim form, and his bilateral carpal tunnel syndrome and face numbness need to be evaluated.
- Remanded (sent back)
The Board has remanded the cases for additional development due to incomplete medical records and insufficient opinions regarding the relationship between service, including a stick injury in England, and current left eye disability (including amblyopia and cataracts) as well as migraine headaches.
- Granted
The Veteran's migraine headaches are productive of very frequent, completely prostrating and prolonged attacks capable of producing severe economic inadaptability. The Board has granted a 50 percent disability rating for the Veteran's service-connected migraine headaches.
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