The veteran's claims for increased ratings, special monthly compensation, and TDIU were denied. Retroactive payment for disability compensation at a rate with one dependent as a result of school attendance was also denied.
The deciding factor: The evidence did not meet the criteria for an increased rating or special monthly compensation based on the service-connected conditions listed. The veteran's disabilities did not meet the requirements for TDIU, and retroactive payment was not granted due to lack of supporting documentation.
- Claimed conditions
- Residuals of left elbow fracture, Cervicolumbar paravertebral myositis with degenerative disc disease of the lumbar spine, Chronic maxillary sinusitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 23, 2008
- Citation
- 0802396
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 0802396.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's chronic maxillary sinusitis was previously rated at 50% effective September 5, 2019. The AOJ proposed reducing this rating due to clear and unmistakable error (CUE) in the July 2020 decision, which incorrectly applied the criteria for near constant sinusitis. The reduction from 50% to 0% was upheld as proper.
- Granted
The Veteran's service-connected chronic maxillary sinusitis is granted with a disability rating of 30 percent, effective from the period on appeal. The Veteran's allergic rhinitis remains at a noncompensable rating.
- Granted
The Veteran's TDIU claim was granted effective March 14, 2020. His maxillary sinusitis rating from October 1, 2012 to January 16, 2018 was increased to 50 percent and remains at that level. The Veteran's hemorrhoids were denied.
- Granted
The Veteran's initial claim for a compensable rating for chronic maxillary sinusitis has been granted. The Board found that the evidence was at least in equipoise as to whether a compensable rating is warranted, and thus awarded a 10% rating effective December 8, 2015. Service connection for bilateral pes planus remains pending due to remand.
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