The Veteran's chronic maxillary sinusitis was previously rated at 50% effective September 5, 2019. The AOJ proposed reducing this rating due to clear and unmistakable error (CUE) in the July 2020 decision, which incorrectly applied the criteria for near constant sinusitis. The reduction from 50% to 0% was upheld as proper.
The deciding factor: The VA examiner found no evidence of near constant sinusitis or incapacitating episodes requiring prolonged antibiotic treatment, leading to a reduction in rating based on CUE.
- Claimed conditions
- Chronic maxillary sinusitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 50%
- Decision date
- August 13, 2024
- Citation
- A24046053
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 A24046053.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's service-connected chronic maxillary sinusitis is granted with a disability rating of 30 percent, effective from the period on appeal. The Veteran's allergic rhinitis remains at a noncompensable rating.
- Granted
The Veteran's TDIU claim was granted effective March 14, 2020. His maxillary sinusitis rating from October 1, 2012 to January 16, 2018 was increased to 50 percent and remains at that level. The Veteran's hemorrhoids were denied.
- Granted
The Veteran's initial claim for a compensable rating for chronic maxillary sinusitis has been granted. The Board found that the evidence was at least in equipoise as to whether a compensable rating is warranted, and thus awarded a 10% rating effective December 8, 2015. Service connection for bilateral pes planus remains pending due to remand.
- Denied
The Veteran's respiratory issues, including chronic maxillary sinusitis and allergic rhinitis, were not shown to be related to service. His sleep disturbances, specifically obstructive sleep apnea and insomnia, also did not manifest during or as a result of service.
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