The Board denied the Veteran's claim for an effective date earlier than March 25, 2004 for the grant of service connection for optic nerve IV damage with diplopia and dizziness as due to an undiagnosed illness. The issue of whether new and material evidence has been received sufficient to reopen a claim of entitlement to service connection for migraine headaches is remanded.
The deciding factor: The Veteran's original claim was denied in May 2000, but she did not file a timely notice of disagreement (NOD). Her untimely October 2001 NOD was treated as a claim to reopen. The RO informed her that she needed to submit new and material evidence, which she failed to do. As such, the March 25, 2004 claim to reopen triggered the effective date for service connection.
- Claimed conditions
- optic nerve IV damage with diplopia and dizziness, migraine headaches
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 7, 2010
- Citation
- 1020881
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 1020881.
What this means for you
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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 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.
- Granted
The Veteran's claim for a higher rating for his service-connected migraine headaches was granted with an effective date of February 28, 2023.
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