The Veteran's sinusitis is currently rated at 30 percent effective October 26, 2009. The claim for a higher rating remains pending.,The Veteran's right hand condition has been rated as noncompensable since the initial claim in 2009. The Board finds that his condition warrants a compensable disability rating due to functional impairment during flare-ups.,The Veteran's lumbar spine condition is currently rated at 10 percent effective November 2, 2020. The issue of entitlement to a higher rating prior to February 27, 2020 remains pending.
The deciding factor: The evidence shows that the Veteran experiences functional impairment during flare-ups, which approximates ankylosis.
- Claimed conditions
- Sinusitis, Status Post Fracture of Fourth and Fifth Metacarpals of Right Hand, Lumbar Spine Condition
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 30, 2022
- Citation
- 22037894
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 22037894.
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.
- Granted
The Veteran's sinusitis is currently rated at a noncompensable evaluation. The Board has granted a 30 percent evaluation for sinusitis as of February 19, 2021, based on the number and duration of incapacitating episodes requiring antibiotic treatment.
- Dismissed
The Board dismissed the Veteran's appeals for higher disability ratings in excess of 20 percent for cervical spine and lumbar spine conditions, left knee condition, right knee condition, and sinusitis. The Veteran was granted service connection for chronic laryngeal papillomatosis.
- Dismissed
The Board dismissed the appeal because the appellant requested to withdraw their appeal.
- Denied
The Veteran's sinusitis was rated as noncompensable for the period prior to December 9, 2024. The Board found that the Veteran did not meet the criteria for a compensable rating based on the severity of his symptoms and lack of incapacitating episodes.
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