The Veteran's sinusitis is not rated higher than noncompensable.,Prior to November 7, 2017, the Veteran’s Raynaud's syndrome was not rated higher than 10 percent. From that date onward, it has been rated at 10 percent.,The Veteran's hemorrhoids have not met criteria for a compensable rating.,Cervical spine arthritis remains remanded and no specific rating assigned.
The deciding factor: There were no incapacitating episodes of sinusitis requiring prolonged antibiotic treatment or characterized by headaches, pain, and purulent discharge or crusting as required for higher ratings under the applicable code. The Veteran's symptoms did not meet criteria for a compensable rating.,Characteristic attacks occurred one to three times per week prior to November 7, 2017, warranting only a 10 percent rating. From that date onward, they were rated at 10 percent as the evidence did not show more than four to six characteristic attacks per week.,The Veteran's hemorrhoids have not been shown to be large or thrombotic, irreducible with excessive redundant tissue, evidencing frequent recurrences, resulting in persistent bleeding and secondary anemia or fissures. Therefore, they do not meet criteria for a compensable rating under the applicable code.,Cervical spine arthritis remains remanded as there is no specific rating assigned.
- Claimed conditions
- Sinusitis, Raynaud's syndrome, Hemorrhoids, Gastroesophageal reflux disease (GERD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 13, 2019
- Citation
- 19145841
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.
- Remanded (sent back)
The Board remands the matters for additional development, including obtaining private treatment records and conducting VA examinations.
- Denied
The Board denied service connection for asbestosis, bronchitis, chronic obstructive pulmonary disease (COPD), rhinitis, sinusitis, and asthma. The Veteran's bilateral hearing loss was also denied a compensable rating.
- Denied
The Board denied service connection for bilateral hearing loss, tinnitus, a low back disability, residuals of a right foot injury, sinusitis, shortness of breath, allergic rhinitis, and sleep apnea as there was no evidence to support a link between these conditions and the Veteran's military service.
- Partly granted
The Board denied increased ratings for bilateral hearing loss, right inguinal hernia, non allergic rhinitis, sinusitis, and irritable bowel syndrome (IBS), while granting service connection for left knee strain and left leg shin splints.
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