The Veteran's prostatitis with benign prostatitic hypertrophy (prostate disorder) is granted a 40 percent rating prior to January 3, 2015. The RO denied an excess of 40 percent at any time due to not meeting the criteria for 20 percent. For sinusitis, the Veteran's condition warrants a 10 percent rating based on three to six non-incapacitating episodes per year. Left ankle inversion injury is granted a 10 percent rating due to painful motion and instability. Esophageal spasm is rated at 10 percent under DC 7346 for hiatal hernia with two or more of the symptoms for the 30 percent rating of less severity. Right and left knee medial meniscus tear are each granted a 10 percent evaluation based on painful motion.

The deciding factor: The Veteran's prostatitis condition is rated at 40 percent prior to January 3, 2015 due to the need for absorbent materials that must be changed four times per day. For sinusitis, the Veteran had three to six non-incapacitating episodes per year and was granted a 10 percent rating. The left ankle inversion injury is rated at 10 percent based on painful motion and instability. Esophageal spasm is rated at 10 percent under DC 7346 for hiatal hernia with two or more of the symptoms for the 30 percent rating of less severity. Right and left knee medial meniscus tear are each granted a 10 percent evaluation based on painful motion.

Claimed conditions

{"condition_name":"prostatitis with benign prostatitic hypertrophy (prostate disorder)"}, {"condition_name":"sinusitis"}, {"condition_name":"esophageal spasm"}, {"condition_name":"left ankle inversion injury"}, {"condition_name":"right shoulder condition"}

How they argued it

Direct service connection

Exposure basis

None

Rating assigned

40%

Decision date

October 24, 2019

Citation

19180610