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I recently filed a claim to increase my service connected sinusitis, which is currently at 0%. My claim was filed 14 APR 2019, and was closed/denied 07 AUG 2019.
Upon reviewing my files, the litany of evidence that I submitted to support my claim, which included records from my PCP and ENT showing were I had been to the doctor multiple occasions over the last two years, and where I was diagnosed with Chronic Sinusitis and Recurrent Acute Sinusitis just disappeared. I had also submitted a sworn statement from my fiance where she detailed my how many sinus infections per year I have experienced, along with describing my symptoms. Keep in mind that sinusits is rated based on the frequency of occurrences; either incapacitating or non-incapacitating. My evidence shows I have enough instances of both to be rated at the 30% level, not taking into consideration extra-scheduler ratings.
For what ever reason, they did see one document, which was from my ENT, where the diagnosis is very clearly stated and the document contains the same information that would be articulated in a DBQ.
Nevertheless, the BVA ignored my ENT’s statement, and they went with the only other evidence they had, the C&P exam, which was conducted by a GP, not an ENT, and lasted a mere three minutes.
I was able to have my VSO obtain a copy of their denial on 8 AUG, and I submitted a supplemental claim with the original evidence they lost/failed to review on 9 AUG.
On 22 AUG, I checked VA.gov and saw that my claim was closed. It now states “The Veterans Benefits Administration made a decision” and under issues states, “Currently on Review – Compensation issue.”
To me this seems extraordinarily fast; only 10 working days. I think my case is strong, and at a very minimum I should be rated at least 10%. I would like to think they saw the evidence and adjudicated the case quickly.
Neither eBenefits or VA.gov has any information. My AB8 has not updated and my rated conditions have not changed. I hoping that eBenefits is slow to catch up, but I’m not optimistic.
If the VA weighed the evidence properly this would take me from 91%, with a bilateral factor of 2.7 to 100%, as I believe that I qualify for at least a 30% rating based on the frequency of my condition.
Since its the weekend I’m now waiting for the BBE to appear, or not. Hopefully, the VSO can shed some light on what has happened.
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I recently filed a claim to increase my service connected sinusitis, which is currently at 0%. My claim was filed 14 APR 2019, and was closed/denied 07 AUG 2019. Upon reviewing my files, the litany of evidence that I submitted to support my claim, which included records from my PCP and ENT showin...