The Board finds that the Veteran does not have a current right elbow disability and thus cannot establish service connection. The Veteran's seizure disorder, absence seizures (petit mal), is currently rated at 10 percent under Diagnostic Code 8911 for petit mal epilepsy. The Veteran's chronic ethmoid sinusitis has been evaluated as noncompensable. The Veteran's right wrist sprain does not meet the criteria for a compensable evaluation.
The deciding factor: The evidence of record does not establish a current right elbow disability, and thus service connection cannot be granted. The Veteran's seizure disorder is rated at 10 percent under Diagnostic Code 8911 for petit mal epilepsy, which is the most appropriate rating based on the severity of his condition as reflected in the frequency of seizures (more than 10 minor weekly seizures). The Veteran's chronic ethmoid sinusitis has been evaluated as noncompensable because it does not meet the criteria for a compensable evaluation under Diagnostic Code 6511. The right wrist sprain does not meet the criteria for a compensable evaluation based on the lack of limitation in motion or X-ray evidence of involvement of two or more major joints.
- Claimed conditions
- Right Elbow Disability, Seizure Disorder, Absence Seizures (Petit Mal), Chronic Ethmoid Sinusitis, Right Wrist Sprain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- July 31, 2009
- Citation
- 0928648
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 0928648.
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.
- Remanded (sent back)
The Board has determined that the Veteran's current right shoulder disability is not related to service, but the right elbow disability requires further review due to a duty-to-assist error in obtaining an inadequate medical opinion.
- Remanded (sent back)
The Board has remanded the claims for service connection due to duty to assist errors identified during higher-level review. The Veteran's right knee and right elbow disabilities are now subject to further development.
- Granted
The Veteran's right elbow disability resulted in flexion limited to 90 degrees, which meets the criteria for a 20 percent rating under Diagnostic Code 5206.
- Granted
The Veteran's TDIU was granted effective June 8, 2023, due to his service-connected Generalized Anxiety Disorder.,The Veteran is also entitled to SMC based on housebound from June 8, 2023, as he has a single service-connected disability rated at 100% and additional disabilities independently ratable above 60%.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.