The Veteran's claims for increased ratings and service connection were denied due to lack of evidence showing an increase in disability within one year prior to the filing of his intent to file a claim.,An earlier effective date was granted for the assignment of a separate rating for sinusitis, but not earlier than May 31, 2016.
The deciding factor: The Veteran's claims were filed within one year after he indicated an intent to file a claim. Therefore, the earliest effective date is May 31, 2016.,For sinusitis, the Veteran filed for increased rating on October 3, 2016, which was within one year of his Intent to File.
- Claimed conditions
- Bilateral Eye Disability, Traumatic Brain Injury (TBI), Sinusitis, Chronic Posttraumatic Headaches, Residuals of Traumatic Brain Injury, Injury to Seventh Cranial Nerve, Residual of a Head Trauma, Incisional Scarring on the Left Eye and Periorbital Area
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 4, 2019
- Citation
- 19125537
Veterans Law Judge
Decisions by this judge: 2,645 · Granted: 19% (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 19125537.
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.
- Granted
The Board has granted service connection for a traumatic brain injury (TBI) and its residuals, including unsteady gait, somnolence, and cognitive dysfunction. The decision is based on the Veteran's credible lay statements about in-service head injuries and subsequent seizures.
- Denied
The Board has determined that the Veteran does not have a current diagnosis of Traumatic Brain Injury (TBI) and therefore, service connection for TBI is denied.
- Granted
The Veteran's claim for special monthly compensation based on aid and attendance due to service-connected TBI with PTSD is granted, effective September 6, 2018.
- Granted
The Veteran's sinusitis is currently rated at a noncompensable evaluation. The Board has granted a 30 percent evaluation for sinusitis as of February 19, 2021, based on the number and duration of incapacitating episodes requiring antibiotic treatment.
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