Service connection for sinusitis is granted.,From January 19, 2016 to June 27, 2016, a rating of 40 percent for status post lumbar spine surgery with degenerative arthritis and compression deformity at L4 is granted. From January 19, 2016, the Veteran's low back disorder approximates flexion to 30 degrees or less when considering functional loss.,From January 1, 2013 to June 27, 2016, an initial rating of 30 percent for migraine headaches is granted. From January 1, 2013, the criteria for an initial rating in excess of 30 percent for migraine headaches have not been met.,Service connection for left eye iritis is remanded.,Service connection for right upper extremity cubital tunnel syndrome is remanded.,Service connection for left upper extremity cubital syndrome is remanded.
The deciding factor: The Veteran's service treatment records reflect significant in-service treatment and complaints for sinusitis. The October 2012 VA examiner indicated the Veteran does not have chronic sinusitis, but there was a medical history of sinusitis.,The evidence supports a factually ascertainable increase in disability to 40 percent as early as January 19, 2016. This is based on the Veteran's credible report of severe and worsening symptoms, as well as the subsequent range of motion findings by the June 2016 VA examiner.,The Veteran reported headaches that cause a 'squeezing sensation on the head or center over the eyes' and requires medication for the disorder. The October 2012 VA examination indicated he experiences pain on both sides of his head, as well as sensitivity to light.,Service connection is granted for sinusitis based on current evidence showing it had its onset during service.,The Veteran's low back disability most closely approximates a 40 percent rating from January 19, 2016. The June 2016 VA examination indicated the Veteran has significant back pain with prolonged sitting and standing, even for short periods of time.,Service connection is granted for migraine headaches based on current evidence showing characteristic prostrating attacks averaging once a month over the last several months.
- Claimed conditions
- sinusitis, left eye iritis, right upper extremity cubital tunnel syndrome, left upper extremity cubital syndrome
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- December 26, 2018
- Citation
- 18160254
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 18160254.
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.
- 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.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection due to errors in obtaining relevant medical records and authorization for private treatment providers. The issues include heart disorder, OSA, sinusitis, lumbar spine disorder, and right knee disorder all related to Agent Orange exposure.
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