Sinusitis decisions — 2001

The Board has denied the veteran's claims for increased evaluations for his acromioclavicular joint separation of the right shoulder, meniscus tear of the left knee, and hypertension as there is no evidence of more than slight instability or subluxation in the left knee, and no objective medical evidence of recurrent instability or subluxation in the right shoulder.

The Board denied service connection for sinusitis, lumbosacral strain, and gastroenteritis.

The Board denied the veteran's claims for increased evaluations and service connection, finding that the evidence did not warrant an evaluation greater than 10 percent for his hypertension disability or additional support for a claim of allergic rhinitis.

The Board denied service connection for a chronic left elbow disorder and an evaluation in excess of 10 percent for the postoperative residuals of bilateral maxillary sinusitis with headaches.

The veteran's tinnitus was granted service connection, and his hypertension and sinusitis were denied increased ratings. The case is remanded for further examination of the right and left knee disabilities.

The veteran's claims for increased ratings were granted, with the exception of the claim for rhinitis which was not addressed due to lack of medical evidence. The other conditions received a 10 percent rating.

The Board denied the appellant's claims for increased evaluations of his asthma and rhinitis disabilities, as well as his request to reopen a claim for service connection for neurodermatitis. The decision found that the evidence did not meet the criteria for higher ratings under either the old or new rating criteria.

The Board has granted service connection for sinusitis and denied service connection for residuals of a head injury (headaches). The evaluation for PTSD remains at 30 percent.

The veteran's claim for an initial evaluation in excess of 20 percent for degenerative disc disease of the lumbosacral spine was granted. The claim for an initial evaluation in excess of 30 percent for bipolar disorder was also granted, with a 30 percent evaluation effective from February 1, 1993. Other claims were continued at their prior evaluations.

The Board has denied the veteran's claims for increased evaluations of his service-connected bronchial asthma and anxiety disorder, finding that the evidence does not support a higher rating under either the old or revised criteria.

The Board has determined that the veteran's respiratory disorder, including rhinosinusitis and residuals of a septoplasty, was incurred in or aggravated by service. The psychiatric disorder is also considered to have had its onset during service.

The Board has granted a 30 percent evaluation for the veteran's chronic sinusitis with allergic rhinitis, which was previously rated as 10 percent disabling.

The appellant's total disability picture results in the need for regular and constant use of a wheelchair or other assistive device as a normal mode of locomotion. However, his service-connected disabilities do not result in loss of use of any extremity, thus he does not qualify for a certificate of eligibility for assistance in acquiring specially adapted housing.

The Board denied the veteran's claim for an increased disability evaluation for his service-connected chronic maxillary sinusitis, assigning a 10 percent rating effective January 12, 1996.

The veteran withdrew his appeal regarding the issue of entitlement to a disability rating of more than 30 percent for sinusitis prior to the Board's decision.

The Board denied the veteran's claims for service connection for a vitreous floater of the right eye, refractive error, and a psychiatric disorder secondary to service-connected disabilities. The appeal was also denied for service connection for a dental condition.

The Board has determined that the preponderance of the evidence is against the claims for a compensable disability rating for allergic rhinitis and headaches.

The Board denied the veteran's claims for service connection for headaches and an increased rating for allergic rhinitis, as well as his claim for compensation under 38 U.S.C.A. § 1151 for residuals of a fracture of the left lower extremity (including disability of the left ankle, left foot, left hip, and back, and depression). The Board also denied his total disability rating based on individual unemployability due to service-connected disabilities and his waiver of recovery of indebtedness created by overpayment of VA vocational rehabilitation benefits.

The Board denied the veteran's claims for increased ratings for various service-connected disabilities, including thoracic spine contusion with T4-5 deformity, sural nerve impairment of the right foot, and various knee and ankle disabilities. The evaluations were all denied as not meeting the criteria for an increase in disability rating.

The Board denied the veteran's claims for increased ratings for his lumbar spine disability, maxillary sinusitis/rhinitis, and migraine headaches. The TDIU claim was also denied as the veteran is not precluded from substantially gainful employment due to his service-connected disabilities.