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 rating 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 rating based on painful motion.
- Claimed conditions
- prostatitis with benign prostatitic hypertrophy (prostate disorder), sinusitis, esophageal spasm, left ankle inversion injury, right shoulder condition
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- October 24, 2019
- Citation
- 19180610
Veterans Law Judge
Decisions by this judge: 3,217 · Granted: 46% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 19180610.
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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