The Board denied ratings in excess of 50 percent for chronic sinusitis, 10 percent for tinnitus, and 30 percent for cervical strain. It granted an initial rating of at least 10 percent for right tibia fracture residuals effective January 26, 2018, and at least 20 percent effective June 2, 2021. The Board remanded several other issues including secondary service connection claims.

The deciding factor: The evidence did not support a higher rating for the chronic sinusitis, tinnitus, or cervical strain as the current ratings adequately reflected the severity of these conditions. However, there was sufficient evidence to grant initial ratings for right tibia fracture residuals and remand several other issues.

Claimed conditions

chronic sinusitis, tinnitus, cervical strain, right tibia fracture residuals, right ankle disability (secondary), right foot disability (secondary), right hip disability (secondary), lower back disability (secondary), gastroesophageal reflux disease (GERD) with irritable bowel syndrome (IBS), right shoulder rotator cuff tear, left upper extremity radiculopathy, upper radicular group, allergic rhinitis, stroke residuals, headaches, left knee disability (beyond right tibia fracture residuals), right knee disability (beyond right tibia fracture residuals)

How they argued it

Direct service connection

Exposure basis

None

Rating assigned

None in this decision

Decision date

March 5, 2025

Citation

A25020452

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