The Veteran's residuals of metallic fragment injury to the left facial area with chipped fragments of the right orbit and metallic fragments in the left maxilla include manifestations of sinusitis with more than six non-incapacitating episodes per year characterized by headaches, pain, and purulent discharge or crusting. The claim for a bilateral eye disorder was denied as there is no evidence that it is etiologically related to an in-service injury or other event. The claim for vertigo was also denied as it is not etiologically related to the Veteran's service or to tinnitus.
The deciding factor: The deciding factor was the lack of medical evidence linking the claimed conditions to the Veteran's military service, and the fact that the current manifestations are more likely due to nonservice-connected factors.
- Claimed conditions
- Bilateral eye disorder, Vertigo
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- March 16, 2009
- Citation
- 0909728
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Partly granted
The Board granted service connection for lumbar spine disability, as secondary to the Veteran's service-connected left foot crush injury, and sciatic radiculopathy of both lower extremities, also secondary to the newly service-connected lumbar spine disability. The Board denied an initial rating in excess of 70 percent for depressive disorder with unspecified anxiety disorder and a compensable rating for allergic rhinitis.
- Partly granted
The Board granted service connection for bilateral hearing loss and tinnitus, effective August 28, 2018, due to clear and unmistakable error in the October 2018 rating decision. Service connection was also granted for major depressive disorder (MDD) as secondary to the Veteran's service-connected bilateral hearing loss and tinnitus.
- Denied
The Board denied the Veteran's claim for a higher evaluation for service-connected vertigo, finding that the evidence did not support an evaluation in excess of 10 percent.
- Partly granted
The Board granted a 30 percent rating for vertigo and a 20 percent rating for bilateral hearing loss from August 30, 2023 to December 21, 2023, but denied a higher rating for bilateral hearing loss at any time during the appeal period.
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