The Board has granted compensation under 38 U.S.C. § 1151 for nerve damage of the right eye, right orbital fracture residuals, three painful facial scars above the right eye, chronic headaches, and dizziness, finding that these conditions were caused by an event not reasonably foreseeable.
The deciding factor: The Board found that the Veteran's syncopal episode with resulting right orbital fracture was not reasonably foreseeable due to drug-to-drug interactions between her medications, including sumatriptan (Imitrex), which she was prescribed for a severe headache at the time of the incident.
- Claimed conditions
- nerve damage of the right eye, right orbital fracture residuals, three painful facial scars above the right eye, chronic headaches, dizziness
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 24, 2024
- Citation
- 24003525
Veterans Law Judge
Decisions by this judge: 2,035 · Granted: 30% (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 24003525.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
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 found that additional VA opinions are needed to address the nature and etiology of the Veteran's dizziness, including benign paroxysmal positional vertigo, and tension headaches, including migraines. The opinions should consider the Veteran's participation in a TERA and the combined effect of all his service-connected disabilities.
- Granted
The Veteran's effective date for service connection of left leg amputation and associated scars, as well as SMC based on loss of use of the left leg, is set to January 28, 2022. The effective date for DEA eligibility is also set to January 28, 2022. An effective date prior to January 28, 2022, was denied for service connection of chronic headaches.
- Granted
Service connection for chronic headaches and restoration of a 20 percent disability rating for the service-connected left wrist strain are granted.,The appeal to restore a higher disability rating for the broken right foot is dismissed.
- Denied
The Veteran's dizziness condition is rated at a 10 percent disability rating under Diagnostic Code 6204, as the evidence does not show occasional staggering. The Board finds that a higher rating is not warranted.
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