The Veteran's claims for increased ratings and a separate rating for multiple noncompensable service-connected disabilities have been granted. He is now rated at 10 percent for chronic sinusitis, with no higher initial rating allowed. His left ear hearing loss has also been granted service connection, but he does not meet the criteria for an initial compensable rating. The Veteran's cervical spine and ankle conditions are each rated at 10 percent.
The deciding factor: The Veteran demonstrated a decline in hearing acuity during military service, which was aggravated by service. His sinusitis resulted in non-incapacitating episodes of headaches and pain that did not meet the criteria for an initial compensable rating under the General Rating Formula for Sinusitis. The cervical spine condition met the criteria for a 10 percent rating based on limitation of motion and degenerative changes, while the ankle condition met the criteria for a 10 percent rating based on some limitation of motion and degenerative changes.
- Claimed conditions
- left ear hearing loss, sinusitis, post-traumatic arthropathy of the left ankle, spondylosis of the cervical spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- June 24, 2010
- Citation
- 1023626
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 1023626.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's claim for an initial compensable disability rating for onychomycosis was denied as the condition did not require treatment and covered less than 5% of his body. The Board also remanded issues regarding service connection for left ear hearing loss and entitlement to a compensable disability rating for right ear hearing loss.
- Remanded (sent back)
The Board has found a pre-decisional duty to assist error and has ordered the case back to the AOJ for proper notice regarding the Veteran's right to a hearing.
- Remanded (sent back)
The Veteran's initial claim for an increased rating for sinusitis is being remanded due to a failure by the AOJ to provide proper notice of his right to a hearing.
- Remanded (sent back)
The Board has denied service connection for sinusitis and remanded the Veteran's claims for chronic lower back pain, right knee pain, left knee pain, neck pain, and GERD.
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