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
- {"condition_name":"Bilateral Eye Disability"}, {"condition_name":"Traumatic Brain Injury (TBI)"}, {"condition_name":"Sinusitis"}, {"condition_name":"Chronic Posttraumatic Headaches, Residuals of Traumatic Brain Injury"}, {"condition_name":"Injury to Seventh Cranial Nerve, Residual of a Head Trauma"}, {"condition_name":"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
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
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