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
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied service connection for various disabilities and denied higher ratings for several service-connected conditions.
- Denied
The Board denied a higher rating for TBI, an earlier effective date for TDIU and DEA benefits, and remanded service connection for seizure disorder.
- Denied
The Board denied service connection for a seizure disorder, headache disorder, and acquired psychiatric disorder as the evidence did not support a direct or secondary relationship to military service.
- Remanded (sent back)
The Board remands the claims for obstructive sleep apnea, right ankle sprain, and right wrist sprain as further development is needed.
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