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.
- Denied
The Board denied service connection for asbestosis, bronchitis, chronic obstructive pulmonary disease (COPD), rhinitis, sinusitis, and asthma. The Veteran's bilateral hearing loss was also denied a compensable rating.
- Denied
The Board denied service connection for bilateral hearing loss, tinnitus, a low back disability, residuals of a right foot injury, sinusitis, shortness of breath, allergic rhinitis, and sleep apnea as there was no evidence to support a link between these conditions and the Veteran's military service.
- Partly granted
The Board denied increased ratings for bilateral hearing loss, right inguinal hernia, non allergic rhinitis, sinusitis, and irritable bowel syndrome (IBS), while granting service connection for left knee strain and left leg shin splints.
- Partly granted
The Board denied service connection for bilateral hearing loss and a disability rating in excess of 10 percent for the right ankle disability, but remanded claims for service connection for sinusitis and back disability.
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