The Board found that the veteran's application to reopen her service connection claim for sinusitis was not supported by new and material evidence. Her claim for an increased rating of 20 percent for her cervical strain was also denied as there was no evidence indicating that a higher disability rating is warranted based on current symptoms or functional loss.
The deciding factor: The veteran's recent medical records did not provide any new information regarding the onset or aggravation of her sinusitis during service, and thus were not considered material. For her cervical strain, the Board noted that while there was no evidence indicating a need for a higher disability rating, the current range of motion and symptoms did not meet the criteria for an increased rating.
- Claimed conditions
- sinusitis, cervical strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- September 18, 2006
- Citation
- 0629421
Veterans Law Judge
Decisions by this judge: 1,440 · 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 0629421.
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.
- Remanded (sent back)
The Board has found a pre-decisional duty to assist error and has ordered the case back to the AOJ for proper notice regarding the Veteran's right to a hearing.
- Remanded (sent back)
The Veteran's initial claim for an increased rating for sinusitis is being remanded due to a failure by the AOJ to provide proper notice of his right to a hearing.
- Remanded (sent back)
The Board has denied service connection for sinusitis and remanded the Veteran's claims for chronic lower back pain, right knee pain, left knee pain, neck pain, and GERD.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection due to errors in obtaining relevant medical records and authorization for private treatment providers. The issues include heart disorder, OSA, sinusitis, lumbar spine disorder, and right knee disorder all related to Agent Orange exposure.
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