Sinusitis decisions — 2001

The Board denied the veteran's claims for PTSD, increased rating for Allergic Rhinosinusitis, and a compensable rating based on multiple noncompensable service-connected disabilities due to his failure to timely file a notice of disagreement within one year from the date of the June 1997 rating decision.

The veteran is seeking service connection for sleep apnea as secondary to his service-connected deviated nasal septum and/or sinusitis. The RO has remanded the case for further development, including a comprehensive respiratory examination.

The Board found that the veteran's cause of death, a gastrointestinal bleed due to or as the consequence of lymphoma, was not caused by any service-connected disability. The preexisting allergic rhinitis and food allergies were determined to have existed prior to service and did not worsen during service.

The Board found no evidence of current hemorrhoids, headaches, or sinusitis in service and denied the veteran's claims for these conditions. The claim for fatigue was not addressed due to lack of development under specific provisions.

The Board denied increased ratings for tinnitus, postoperative bilateral inguinal hernias, and chronic sinusitis as the evidence did not meet the criteria for higher evaluations.

The Board denied the veteran's claims for increased ratings for allergic rhinitis with headaches and prostatitis, finding that the current ratings of 10 percent were appropriate under both old and new rating criteria.

The veteran's appeal for compensation under 38 U.S.C.A. § 1151 for aggravation of sinusitis due to VA treatment in 1991 has been dismissed because the veteran died during the pendency of his appeal.

The veteran was granted service connection for residuals of a fungal infection to the nails of her hands and feet, but denied service connection for bilateral hearing loss. She was also granted service connection for sinusitis/rhinitis, but her claim for an initial evaluation in excess of 10 percent for headaches remains pending.,The veteran's claims for service connection for bilateral hearing loss and sinusitis/rhinitis are both denied.

The VA has determined that the appellant's sinusitis with history of dacryoadenitis does not warrant a rating in excess of 10 percent, as his symptoms do not meet the criteria for more severe disability ratings.

The veteran's service-connected anxiety disorder, sinusitis and rhinitis, and metatarsalgia are all rated at their maximum levels. The veteran is also found to be unemployable due to his disabilities.

The Board denied the veteran's claims for increased evaluations for various service-connected conditions, including osteoarthritis of the right knee, bilateral hearing loss disability, PTSD, chronic sinusitis, and appendectomy residuals. The RO found that these conditions did not meet the criteria for higher ratings under the applicable rating schedule.

The veteran's claim for PTSD was denied in November 1989, and the evidence received since then is not new and material. The claims for psychiatric disability, headaches, allergic rhinitis, residuals of shell fragment wounds of the left shoulder, leg, and toe, as well as sinusitis are all denied.

The Board has denied the veteran's claims for service connection for bursitis of both hips, upper respiratory disorder (sinusitis or allergic rhinitis), and gastrointestinal disability. The claim for sinusitis was granted.

The Board has determined that the preponderance of the evidence is against the veteran's claims for service connection for chronic sinusitis, cervical and lumbar spine disorders, irritable bowel syndrome, and increased evaluations for post concussion syndrome with anxiety symptoms and history of headaches and dizziness, as well as bilateral varicose veins. The Board found no medical evidence linking these conditions to service.

The Board denied an increased rating for sinusitis, finding that the evidence did not support a conclusion of three or more incapacitating episodes per year requiring prolonged antibiotic treatment.

The veteran's deviated nasal septum and sinusitis are found to be related to service, while his mitral valve prolapse is not. The respiratory disability (bronchitis) is also found to be related to service.

The VA denied a rating in excess of 10 percent for the veteran's service-connected allergic rhinitis.

The Board found that the veteran does not have a chronic low back disorder, sinusitis, or chronic respiratory disorder related to service. The claims for these conditions were denied.

The Board denied the veteran's claim for an effective date prior to May 30, 1984 for service connection of septal nasal deflection with deformity and chronic rhinosinusitis and right facial neuralgia due to lack of evidence of a previous claim.

The Board has granted service connection for the claimed temporomandibular joint disability, facial nerve damage, and psychiatric disability. Service connection was denied for a neck disability.