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
Veterans Law Judge
Decisions by this judge: 425 · Granted: 21% (granted or partly granted, in the vetted decisions on this site)
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 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.
- Remanded (sent back)
The Board has remanded the claims of entitlement to service connection for vertigo and obstructive sleep apnea (OSA) due to a pre-decisional duty to assist error. The Veteran's hearing loss is not rated higher than 10 percent.
- Remanded (sent back)
The Veteran's claims for service connection are remanded due to the need for further development, including verification of in-service stressors and toxic exposure assessments. The Board also requests a VA examination to address the etiology of his diagnosed mental health conditions and vertigo.
- Granted
The Veteran's claim for a separate rating of 30 percent for vertigo is granted, while the claim for an increased rating for tinnitus remains denied.
- Remanded (sent back)
The Veteran's claims for service connection of chronic fatigue syndrome and vertigo are being remanded due to duty-to-assist errors. The PFB claim is denied as the disability does not meet the criteria for a compensable rating.
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.