Sinusitis decisions — 2001

The veteran's death was caused by infective endocarditis due to congestive heart failure and aortic insufficiency. His service-connected disabilities did not contribute substantially or materially to his cause of death, and he did not meet the criteria for DIC benefits under 38 U.S.C.A. § 1318. The veteran's death was not caused by VA medical treatment.

The Board has denied the veteran's application for specially adapted housing or a special home adaptation grant due to lack of evidence showing service-connected disability that meets the criteria for such benefits.

The Board denied increased evaluations for various service-connected conditions, finding that the evidence did not meet the criteria for higher ratings under either version of the applicable rating criteria.

The Board has granted a separate 10 percent disability rating for sinusitis effective from January 1, 1996. A higher rating is not warranted for rhinitis.

The Board denied the veteran's claims for service connection and evaluations for his claimed conditions, finding that none of the conditions were incurred in or aggravated by service.

The Board denied an increased rating for a scar, residual of a gunshot wound on the right side of the nose, currently evaluated as 10 percent disabling.

The Board has granted the veteran's claims for initial ratings in excess of 0 percent for hearing loss of the right ear, tinnitus, and sinusitis.

The veteran's appeal for service connection for sinusitis with secondary loss of smell has been dismissed due to the death of the veteran.

The veteran's unauthorized medical expenses incurred from January 24 to February 9, 1999 for a cerebrovascular accident with subdural hematoma are approved by VA.

The Board of Veterans' Appeals (BVA) has determined that the veteran's service-connected chronic rhinitis does not warrant a compensable rating, as there is no evidence of greater than 50 percent obstruction of the nasal passages on both sides or complete obstruction on one side. The non-compensable rating remains in effect.

The Board granted a total rating based on individual unemployability for the purpose of accrued benefits due to significant and severe limitation of motion of the back and functional loss due to back pain as well as serious symptoms from PTSD impairing occupational functioning. The veteran was not found to be in need of regular aid and attendance or bedridden.

The veteran's claims for increased ratings for post-operative residuals of proximal inter phalangeal joint resection arthroplasty of the fourth and fifth toes of the left foot, and allergic rhinitis are both granted. The rating assigned for allergic rhinitis is 10 percent.

The Board has granted service connection for bilateral tinnitus and increased ratings for sinusitis and allergic rhinitis, but denied the claim for right ear hearing loss.

The veteran's claim for service connection for prostate disability and chronic sinusitis and/or chronic rhinitis was denied. The Board found that the veteran currently suffers from benign prostatic hypertrophy which had its onset during his period of active military service, warranting a grant of service connection.

The Board denied the veteran's claims for increased ratings and service connection, finding that his HIV infection warranted a 30% evaluation and his sinusitis did not meet criteria for higher evaluations.

The veteran's initial rating for bipolar disorder is denied as it does not meet the criteria for a higher rating. The veteran's initial compensable rating for sinusitis/allergic rhinitis is granted based on moderate symptoms.

The veteran's service connection claims for headaches and an acquired psychiatric disorder have been granted. The residuals of a right fifth finger fracture are also granted.

The veteran's claims for service connection for a heart disorder, including hypertension, and allergic rhinitis and sinusitis (claimed as headaches) are pending. The claim for new and material evidence for an acquired psychiatric disorder is also pending.,A higher evaluation of 60 percent has been granted for the lumbar myositis and discogenic disease of the lumbar spine effective from January 31, 2000. However, prior to that date, a maximum evaluation of 20 percent was denied.

The Board denied the veteran's claims for service connection for sinusitis, back disability, and hypertension. The decision also addressed whether new and material evidence had been submitted to reopen previously denied claims for these conditions.

The Board denied an increased evaluation for nasal allergy, finding that the condition is primarily manifested by occasional rhinitis and slight deviation of the nasoseptum. No nasal polyps were found, and the preponderance of evidence did not support a higher rating.