The Veteran's sinusitis and rhinitis are granted service connection under the PACT Act, effective from August 7, 2013.,TMJ is granted an increased rating to 30 percent effective February 3, 2021.,Depressive disorder is granted a 70 percent rating effective February 3, 2021.,Tension headaches are denied as not meeting the criteria for a higher than 30 percent rating.,Fibromyalgia remains at its maximum allowable rating of 50 percent.,IBS with GERD is denied as not meeting the criteria for a higher than 30 percent rating.
The deciding factor: The Veteran's sinusitis and rhinitis are presumed due to Gulf War service under the PACT Act, effective from August 7, 2013.,TMJ worsened such that it warranted an increased rating to 30 percent effective February 3, 2021.,Depressive disorder manifested with suicidal ideation and occupational impairment by February 3, 2021, warranting a 70 percent rating from that date.,Tension headaches did not meet the criteria for higher than 30 percent ratings at any time during the appeal period.,Fibromyalgia remains at its maximum allowable rating of 50 percent.,IBS with GERD did not cause severe impairment and thus does not warrant a higher than 30 percent rating.
- Claimed conditions
- Post-Temporomandibular Joint Disorder (TMJ), Sinusitis, Rhinitis, Unspecified Depressive Disorder, Tension Headaches, Fibromyalgia, Irritable Bowel Syndrome (IBS) with Gastroesophageal Reflux Disease (GERD)
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Gulf War
- Rating assigned
- None in this decision
- Decision date
- November 25, 2024
- Citation
- A24078062
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 A24078062.
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
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- 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
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