The Veteran's initial 30 percent rating for chronic sinusitis/rhinitis prior to May 14, 2014 is granted. The Veteran's request for a higher rating from May 14, 2014 is denied.,The Veteran's requests for increased ratings for left shoulder impingement syndrome and cervical spine degenerative disk disease are remanded due to the need for additional VA examinations.,The Veteran's initial compensable rating for an anterior neck scar is remanded. The Veteran's requests for earlier effective dates for service connection of his disabilities are also remanded.
The deciding factor: For the period prior to May 14, 2014, the evidence did not show near constant sinusitis or radical surgery with chronic osteomyelitis, which would warrant a higher rating. For the period beginning May 14, 2014, the Veteran's symptoms were still within the range of a 30 percent disability.,The need for additional VA examinations to determine the severity and nature of the Veteran’s left shoulder, cervical spine, and left upper extremity radiculopathy disabilities.
- Claimed conditions
- chronic sinusitis/rhinitis, left shoulder impingement syndrome, cervical spine degenerative disk disease, left upper extremity radiculopathy, anterior neck scar
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 4, 2019
- Citation
- 19115314
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 19115314.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Partly granted
The Board granted earlier effective dates for TDIU and DEA, but denied increased ratings for various service-connected conditions.
- Granted
The Board granted service connection for multiple disabilities, including cervical spine and thoracolumbar spine disabilities, radiculopathies, a bladder disability, headaches, a left knee disability, an acquired psychiatric disorder, and bilateral conjunctivitis. The Board also granted entitlement to a total disability rating based on individual unemployability due to service-connected disability.
- Denied
The Board denied the Veteran's claims for compensation under 38 U.S.C. § 1151 and service connection for a left shoulder condition, as there was no evidence to support that his current disability was caused by VA treatment or related to his active military service.
- Granted
The Board granted an initial rating of 50 percent for right upper extremity radiculopathy and 40 percent for left upper extremity radiculopathy.
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