The Veteran's maxillary sinusitis with allergic rhinitis is currently rated at 10 percent, and does not meet the criteria for a higher rating. The residuals of his fracture of the left tibia and fibula with recurvatum of the left knee are currently rated at 30 percent from October 1, 1999, but do not meet the criteria for a higher rating. His spinal stenosis is currently rated at 40 percent, which meets the criteria for that disability.
The deciding factor: The Veteran's maxillary sinusitis does not result in incapacitating episodes of sinusitis requiring prolonged antibiotic treatment or more than six non-incapacitating episodes per year characterized by headaches, pain, and purulent discharge or crusting. The residuals of his fracture do not meet the criteria for a higher rating as they are currently rated at 30 percent from October 1, 1999.
- Claimed conditions
- maxillary sinusitis with allergic rhinitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 19, 2010
- Citation
- 1006294
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 1006294.
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The Board has found that the Veteran's claims for service connection and increased ratings are remanded due to a duty to assist error. The Veteran is requested to undergo an additional VA examination to determine the nature and etiology of any currently present psychiatric disability, including PTSD.
- Remanded (sent back)
The Veteran's erectile dysfunction and headaches are not service-connected.,Right knee osteoarthritis is rated at 10 percent, but the claim for a higher rating is remanded. Maxillary sinusitis with allergic rhinitis has been granted an initial compensable rating.
- Remanded (sent back)
The Board has remanded the case for additional development, including obtaining VA medical records and private treatment records. The Veteran's maxillary sinusitis with allergic rhinitis will be evaluated to determine its current severity.
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