The Veteran's right thumb strain is currently rated as 10 percent disabling, which does not meet the criteria for a higher rating.,For major depressive disorder and anxiety disorder prior to August 5, 2011, the Veteran was granted an initial evaluation of 70 percent. After this date, he received a grant of 70 percent for his conditions since then.,The Veteran's chronic sinusitis and bacterial rhinitis are currently rated as 30 percent disabling.
The deciding factor: The evidence does not show that the Veteran meets the criteria for a higher rating under Diagnostic Code 5228, which pertains to right thumb strain. The gap between his thumb pad and fingers was less than two inches in November 2010.,Throughout the appeal period, the Veteran's major depressive disorder and anxiety disorder have been manifested by occupational and social impairment with deficiencies in most areas such as work, school, family relations, judgment, thinking, or mood. However, there is no evidence of total occupational and social impairment.,The Veteran's chronic sinusitis and bacterial rhinitis are currently rated at 30 percent due to the presence of three or more incapacitating episodes per year requiring prolonged antibiotic treatment.
- Claimed conditions
- Right Thumb Strain, Major Depressive Disorder and Anxiety Disorder, Chronic Sinusitis and Bacterial Rhinitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 21, 2022
- Citation
- 22059268
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 22059268.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's right thumb strain was granted a 20% disability rating, effective July 1, 2020.,An earlier effective date of July 1, 2020, for the award of a 20% disability rating for right thumb strain is also granted.
- Granted
The Veteran's service-connected disabilities have rendered him in need of aid and attendance, as he requires assistance with activities such as bathing, dressing, personal hygiene, medication management, and housekeeping/laundry due to his TBI, PTSD, OSA, headaches, lumbar spine disability, arthritis, and severe chronic back pain. The Board has granted special monthly compensation based on the need for aid and attendance.
- Granted
Right thumb, index finger, long finger, ring finger, and little finger strains are granted with effective dates of August 22, 2009.,Right CTS is granted with an effective date of June 28, 2018. The appeal for earlier effective dates for bilateral plantar fasciitis/pes planus and PFB is dismissed.,The appeal for earlier effective dates for chronic headaches is also dismissed.
- Denied
The Veteran's right thumb strain is currently rated at 10 percent, but the evidence does not support a higher rating due to functional loss and no gap between the thumb pad and fingers.,Prior to March 21, 2022, the Veteran's lumbar spine strain with degenerative arthritis was rated at 10 percent. From March 21, 2022, it is not higher than 40 percent due to lack of unfavorable ankylosis or IVDS.,Beginning October 17, 2022, the Veteran's right and left lower extremity radiculopathy are rated at 20 percent each. The rating for left knee strain with old avulsion fracture and fragments of the lateral aspect of the proximal tibia is not higher than 10 percent.,The Veteran's left knee instability is rated at 10 percent.
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