The Veteran's claims for higher ratings for his back disability, right lower extremity radiculopathy, and sinusitis were denied. The initial increased ratings of 20 percent for the back disability and 30 percent for sinusitis have been granted, but not for the right lower extremity radiculopathy.
The deciding factor: The Veteran's claims for higher ratings were denied as his conditions did not meet the criteria for a rating higher than the assigned initial ratings under the applicable diagnostic codes.
- Claimed conditions
- Degenerative arthritis of the spine (back disability), Radiculopathy to the sciatic nerve of the right lower extremity, Sinusitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- January 2, 2020
- Citation
- 20000205
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- 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.
- Partly granted
The Board denied service connection for bilateral hearing loss and a disability rating in excess of 10 percent for the right ankle disability, but remanded claims for service connection for sinusitis and back disability.
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