The Veteran's claim for a higher initial rating for cervical spine degenerative disc disease is granted, and the claims for sinusitis, cervical spine radiculopathy, left upper extremity radiculopathy, and left ankle arthritis are remanded.
The deciding factor: The VA examiner found that the Veteran experienced incapacitating episodes of intervertebral disc syndrome during the past 12 months, supporting the initial 40% rating assigned in November 2013.
- Claimed conditions
- Degenerative Disc Disease of the Cervical Spine, Sinusitis, Radiculopathy of the Right Upper Extremity, Radiculopathy of the Left Upper Extremity, Degenerative Arthritis with Bone Chips of the Left Ankle
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- January 27, 2023
- Citation
- 23005576
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 23005576.
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.
- 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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