The Board is granting an increased evaluation of 30 percent for the portion of the appeal period prior to March 18, 2007.
The deciding factor: The medical evidence shows that the Veteran's chronic maxillary sinusitis is manifested by symptomatology that more closely approximates three or more incapacitating episodes per year of sinusitis requiring prolonged (lasting four to six weeks) antibiotic treatment, or more than six non-incapacitating episodes per year of sinusitis characterized by headaches, pain, and purulent discharge or crusting.
- Claimed conditions
- Chronic maxillary sinusitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 16, 2009
- Citation
- 0909762
Veterans Law Judge
Decisions by this judge: 396 · Granted: 19% (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 0909762.
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
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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