The Veteran's cervical spine disability is rated as 10 percent disabling prior to March 26, 2014 and as 20 percent thereafter. The evidence does not support a higher rating for any period on appeal.,The Veteran's right third phalanx fracture is currently rated as non-compensable (0 percent). The evidence does not support a compensable rating for this condition.,The Veteran's sinusitis has been rated as 10 percent disabling. The evidence does not support a higher rating.
The deciding factor: The medical evidence does not show ankylosis, IVDS, or other neurological abnormalities associated with the cervical spine disability that would warrant a higher rating.,There is no objective evidence of functional impairment equivalent to amputation of the right third phalanx. The Veteran's upper extremity symptoms are due to unrelated peripheral neuropathy.,The medical evidence does not show more than six non-incapacitating episodes per year or incapacitating episodes lasting four to six weeks, which would warrant a higher rating for sinusitis.
- Claimed conditions
- Cervical Spine Fracture, Right Third Phalanx Fracture, Sinusitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 7, 2017
- Citation
- 1720161
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 1720161.
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.
- Granted
The Veteran's sinusitis is currently rated at a noncompensable evaluation. The Board has granted a 30 percent evaluation for sinusitis as of February 19, 2021, based on the number and duration of incapacitating episodes requiring antibiotic treatment.
- Dismissed
The Board dismissed the Veteran's appeals for higher disability ratings in excess of 20 percent for cervical spine and lumbar spine conditions, left knee condition, right knee condition, and sinusitis. The Veteran was granted service connection for chronic laryngeal papillomatosis.
- Dismissed
The Board dismissed the appeal because the appellant requested to withdraw their appeal.
- Denied
The Veteran's sinusitis was rated as noncompensable for the period prior to December 9, 2024. The Board found that the Veteran did not meet the criteria for a compensable rating based on the severity of his symptoms and lack of incapacitating episodes.
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