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Denied

The veteran's sinusitis is currently rated at 10 percent, but does not meet the criteria for a higher rating due to insufficient incapacitating episodes.,For the period prior to May 4, 2005, the veteran's cervical spine disability was rated at 10 percent. After May 4, 2005, it is rated at 30 percent.

The deciding factor: The evidence does not show that the veteran has more than six non-incapacitating episodes per year of sinusitis characterized by headaches, pain, and purulent discharge or crusting. For cervical spine disability, there was no neurological impairment noted on VA examinations conducted during this period.

Claimed conditions
Sinusitis, Cervical Strain with Wedging, C4-5 and associated headaches (cervical spine disability), Migraine Headaches
How they argued it
Direct service connection
Exposure basis
None
Rating assigned
10%
Decision date
May 10, 2007
Citation
0713855

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 0713855.

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