Sinusitis decisions — 2002

The Board has determined that the veteran's claims for service connection for PTSD and residuals of a head injury have been reopened, but denied on the merits. The decision regarding asthma is mixed - some issues were granted while others were not.

The veteran's claim for service connection for sinusitis was denied. The RO increased the rating for hypertensive heart disease with hypertension to 30 percent, and recharacterized it as hypertensive heart disease with left ventricular hypertrophy and hypertension. The RO also granted service connection for residuals of right eye injury, benign prostatic hypertrophy, and calluses of the feet. However, all claims for higher evaluations were denied.

The Board denied an evaluation in excess of 10 percent for the veteran's service-connected chronic sinusitis with allergic rhinitis, finding that the disability did not meet criteria warranting a higher rating.

The Board denied service connection for several conditions, finding that the appellant's period of active duty was discharged under dishonorable conditions due to willful and persistent misconduct. The Board also found that these conditions were not incurred or aggravated by service.

The Board found no new and material evidence to reopen the claim of service connection for sinusitis. The veteran's current sinusitis was not incurred or aggravated by active military service, as there is no medical evidence linking it to any disease or injury during service. Coronary artery disease with hypertension and stroke were also not shown to be related to service. Diabetes mellitus and reflux indigestion were not found to have been incurred in service.

The veteran's claim for reimbursement of unauthorized medical expenses incurred at the Mollen Clinic during November 2000 is denied as there was no emergent condition warranting VA treatment and VA facilities were not feasibly available.

The veteran's knee and hip conditions, as well as his sinusitis with nasal polyps, were granted service connection. He was assigned a 10 percent evaluation for each condition effective from November 1, 2000.

The veteran developed sinusitis and allergic rhinitis during service, and the Board finds that these conditions are related to his military service. The VA has granted service connection for these disabilities.

The Board found that the veteran's service-connected sinusitis does not result in one or two incapacitating episodes per year requiring prolonged antibiotic treatment, and his headaches are not prostrating in nature. Therefore, he is denied a compensable evaluation for both conditions.

The Board has granted a 40 percent rating for the veteran's lumbosacral strain with degenerative disc disease, finding severe limitation of motion. The current 10 percent rating for sinusitis and rhinitis is maintained.

The veteran's chronic sinusitis is manifested by more than six non-incapacitating episodes per year with headaches, pain, and purulent discharge. A 30 percent rating is granted for the veteran's chronic sinusitis.

The veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities was granted effective September 30, 2001. The effective date is not earlier than the date of receipt of her formal claim on May 19, 1998.

The Board has granted service connection for the veteran's claimed headaches and sinusitis, finding that these conditions originated during her military service.

The Board has determined that the veteran does not have current sinusitis and therefore cannot establish service connection for this condition.

The Board denied the appellant's claims for service connection for various conditions, including a respiratory disorder (including sinusitis with headaches), a headache disorder, a hemorrhoidal disorder, and a low back disorder. The claim to reopen service connection for diabetes mellitus was also denied. Additionally, the original rating in excess of 10 percent for generalized joint pain due to undiagnosed illness and an increased rating in excess of 10 percent for bilateral pes planus were denied.

The Board denied the veteran's claims for a compensable initial rating for sinusitis and rhinitis, finding that the evidence did not more nearly approximate the criteria for a higher rating under either the former or revised VA rating schedules.

The Board has determined that the veteran's sinusitis and headache disorder are related to his service-connected otitis media, warranting secondary service connection.

The Board has determined that the veteran's sinusitis, with post-operative residuals, was incurred during his active service and grants service connection for this condition.

The Board denied the veteran's claim for service connection for sinusitis as there is no current diagnosis of sinusitis and the VA examinations did not find any evidence of sinusitis.

The veteran's appeals for increased ratings were denied as the evidence did not meet the criteria for higher evaluations under VA rating criteria.