The veteran's claim for service connection for sinusitis has been reopened, and he is now entitled to a higher initial evaluation of 40 percent for his degenerative joint disease, lumbar spine. His cluster headaches are also rated at the maximum available under the applicable code. The veteran's postoperative residuals, fracture, left tibia and fibula, and postoperative residuals, fracture, left femur, both receive evaluations of 20 percent.
The deciding factor: The evidence submitted since the last final rating decision was found to be new and material, allowing for the reopening of the claim. The veteran's degenerative joint disease, lumbar spine, is rated at the maximum available under the applicable code (40%). His cluster headaches are also rated at the maximum available under the applicable code (30%). Both his postoperative residuals, fracture, left tibia and fibula, and postoperative residuals, fracture, left femur, receive evaluations of 20 percent.
- Claimed conditions
- Sinusitis, Degenerative Joint Disease, Lumbar Spine, Cluster Headaches, Postoperative Residuals, Fracture, Left Tibia and Fibula, Postoperative Residuals, Fracture, Left Femur
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- October 2, 2002
- Citation
- 0213522
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 0213522.
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.
- 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.
- Dismissed
The Board dismissed the Veteran's appeals for higher disability ratings in excess of 20 percent for cervical spine and lumbar spine conditions, left knee condition, right knee condition, and sinusitis. The Veteran was granted service connection for chronic laryngeal papillomatosis.
- Dismissed
The Board dismissed the appeal because the appellant requested to withdraw their appeal.
- Remanded (sent back)
The Veteran's claim for an increased disability rating for his degenerative joint disease, lumbar spine is remanded due to the inadequacy of the August 2020 VA examination report and the need for current range of motion testing that disregards the ameliorative effects of his medications.
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.