Sinusitis decisions — 2001

The Board denied the veteran's claims for service connection for various conditions, including back injury, tinnitus, sinusitis, skin disease, head injury, and psychiatric disability. The evidence did not establish a nexus between these conditions and service.

The Board denied the veteran's claims for increased ratings for his service-connected deviated nasal septum and maxillary sinusitis, finding that a rating in excess of 10 percent is not warranted. The claim for a compensable rating for his scar, left cheek, was also denied.

The VA has determined that the veteran's chronic bilateral ethmoid sinusitis does not meet or approximate the criteria for a compensable evaluation, as there are no incapacitating episodes requiring prolonged antibiotic treatment and only occasional non-incapacitating episodes of sinusitis.

The veteran's claim for an earlier effective date for a 10 percent disability rating for sinusitis with headaches was denied as the requirements for assignment of such an effective date prior to September 2, 1999 have not been met.

The veteran withdrew her appeals regarding the timeliness of the notice of disagreement to the March 1988 denial of service connection for hemorrhoids and for residuals of an injury to the back of the whole body; entitlement to service connection for an acute situational reaction, claimed as residuals of a rape; service connection for costochondritis, claimed as residuals of a sternum injury; and the evaluation of fibrocystic breast disease. The appeals are dismissed.

The veteran is seeking an increased rating for his service-connected allergic rhinitis with benign positional vertigo and tinnitus, currently rated at 10 percent. The Board has determined that additional development is needed to properly assess the current severity of these conditions.

The Board denied the veteran's claims for service connection for various conditions, finding no evidence of a current disability related to abnormal blood tests or other conditions. The RO had already granted service connection for residuals of a fracture left elbow (chip fracture of the proximal portion of the olecranon process) and assigned a noncompensable evaluation.

The Board denied the veteran's claims of service connection for PTSD and an increased evaluation for sinusitis, finding no current evidence of these conditions.

The Board denied the veteran's claims for an initial evaluation in excess of 10 percent for patellofemoral syndrome of the right knee and a compensable evaluation for chronic rhinitis with history of tonsillitis and pharyngitis.

The veteran's TDIU was granted effective from June 12, 1995 due to his service-connected disabilities making him unemployable as of that date.

The Board has granted an initial disability evaluation of 30 percent for maxillary sinusitis, finding that the veteran's symptoms more nearly approximate the criteria for a 30 percent evaluation.

The veteran's appeal is denied as the RO properly assigned a 40 percent rating for lumbosacral strain and granted service connection for residuals of an injury to the sacrum and coccyx with a 10 percent rating. The appeals for increased ratings, compensable evaluations, and total disability based on individual unemployability due to service-connected disabilities are also denied.

The Board finds that the veteran's chronic sinusitis is likely to have originated during his military service and grants service connection for this condition.

The Board denied the veteran's claim for an increased evaluation of his service-connected sinusitis and postoperative nasal disability, finding that the evidence did not support a rating in excess of 50 percent.

The Board denied the veteran's claims for service connection and increased evaluations for right ear hearing loss, left ear hearing loss, spondylolysis of the lumbar spine, and sinusitis. The RO had previously granted service connection for these conditions but assigned noncompensable evaluations.

The Board has dismissed the appeal for a compensable evaluation for service-connected bilateral hearing loss. The veteran's claim of entitlement to an evaluation in excess of 30 percent for sinusitis with allergic rhinitis is denied as there is no evidence that his condition meets or approximates the criteria for a higher rating under Diagnostic Code 6513. His claim of entitlement to an evaluation in excess of 10 percent for degenerative joint disease, right foot (fracture repair, second metatarsal) with plantar fasciitis is denied as there is no evidence that his condition meets or approximates the criteria for a higher rating under Diagnostic Codes 5284 and 5003.

The Board has determined that the veteran's maxillary sinusitis warrants a 30 percent disability rating, as it is characterized by severe symptoms such as frequent headaches and purulent discharge or crusting.

The Board found that the veteran does not have a current disability of rhinitis and there is no evidence linking it to his service. The claim for service connection was denied.

The veteran has an employment handicap and meets the criteria for basic entitlement to vocational rehabilitation benefits under Chapter 31, Title 38, United States Code.

The appellant's disabilities, including bilateral hearing loss and hypertension, are sufficient to warrant a permanent and total disability rating for nonservice-connected pension benefits.