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
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.
- Granted
The Veteran's migraine headaches were granted a 50 percent disability rating, effective August 8, 2023, due to very frequent completely prostrating and prolonged attacks that are productive of severe economic inadaptability.
- Granted
The Board granted a 50 percent rating for the Veteran's migraine headaches based on prostrating attacks occurring more than once a month and severe economic inadaptability.
- Granted
The Board granted service connection for migraine headaches as proximately due to the Veteran's service-connected tinnitus.
- Partly granted
The Board granted a 30 percent rating for the Veteran's service-connected migraine headaches, but no greater.
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