Sinusitis decisions — 2002

The Board found no evidence of a current disability for hearing loss and denied service connection for thyroid disorder, maxillary sinusitis, conjunctivitis, bilateral hearing loss, and skin disorder. The veteran's claims were based on direct service connection.

The Board found that the veteran's allergic rhinitis preexisted active service and did not undergo a permanent worsening as a result of active duty, thus denying her claim for service connection.

The veteran's claim for service connection for sinusitis has been reopened, and he is now entitled to a higher initial evaluation of 40 percent for his degenerative joint disease, lumbar spine. His cluster headaches are also rated at the maximum available under the applicable code. The veteran's postoperative residuals, fracture, left tibia and fibula, and postoperative residuals, fracture, left femur, both receive evaluations of 20 percent.

The VA has granted service connection for hallux valgus of the right foot, hallux valgus of the left foot, and allergic rhinitis. Noncompensable ratings have been assigned for each disability since September 1999.

The veteran's claim for an increased evaluation for service-connected allergic rhinitis and sinusitis was granted, effective July 1, 1997.

The Board found that the veteran's claimed psychiatric, sinus, ear, and low back disorders were not incurred or aggravated by service. The appeals for these conditions have been denied.

The Board has determined that the veteran's sinusitis/rhinitis and deviated nasal septum, post-operative, are likely due to conditions in service and have granted service connection for both.

The Board has reopened the claim for service connection for bilateral hearing loss and granted a compensable rating of 10 percent for COPD prior to January 21, 2002. The claims for tinnitus, sinusitis, hemorrhoids, and allergic rhinitis were denied.

The veteran's appeal was dismissed due to his death prior to the Board's decision.

The veteran's skin cancer and tinnitus were found to be related to service, but the original compensable rating for allergic rhinitis with sinusitis was denied. The claim for a skin disorder other than skin cancer was reopened due to new evidence.

The Board has determined that the veteran's service-connected disabilities render him unable to secure or follow a substantially gainful occupation, warranting TDIU. The claim of service connection for hypertension is denied due to lack of evidence showing it was incurred in service.

The Board found that the veteran's claimed disabilities did not result from or increase in severity due to his pursuit of VA vocational rehabilitation training, and thus denied compensation under 38 U.S.C.A. § 1151.

The Board has granted service connection for rhinitis, finding that the veteran's current symptoms are related to his in-service treatment and diagnosis of sinusitis/rhinitis.

The Board found that the veteran's sinusitis with rhinitis, nasal fracture, and deviated septum does not warrant an evaluation in excess of 30 percent.

The Board denied the veteran's claim for an initial rating in excess of 10 percent for sinusitis, finding that his condition did not meet the criteria for a higher evaluation under either the former or current VA Rating Schedule.

The Board found that the veteran's cardiovascular disorder, sinusitis with rhinitis, and reduced lung capacity (asthma) were not incurred or aggravated by active duty service. The veteran was diagnosed with these conditions after separation from service.

The VA determined that the veteran's service-connected sinusitis and allergic rhinitis do not meet the criteria for a compensable evaluation under the applicable rating criteria.

The VA denied the veteran's claim for an increased evaluation of his sinusitis, currently rated at 10 percent. The objective evidence did not demonstrate severe symptoms warranting a higher rating.

The Board has determined that the veteran's rhinitis does not warrant a rating higher than the current 10 percent evaluation, as it is currently manifested by difficulty breathing through the nose with approximately 60 to 80 percent obstruction.

The veteran's service-connected disabilities do not render him unable to care for most of his daily personal needs or to protect himself from the hazards and dangers incident to his daily environment without the assistance of others, thus denying special monthly compensation based on the need for regular aid and attendance by another person.