Sinusitis decisions — 2003

The veteran's claims for service connection are being remanded due to the need for additional development, including VA examinations and issuance of a statement of the case.

The Board granted a 30 percent evaluation for sinusitis effective from February 15, 2001. The veteran's PTSD claim is addressed in the Remand section of this decision.

The Board has determined that the veteran's service-connected disabilities, including impairment of rectal and anal sphincter control, adenocarcinoma of the prostate, otitis externa, functional gastrointestinal disease, impotency, allergic rhinitis, and sinusitis, meet the criteria for special monthly compensation based on need for regular aid and attendance.

The Board finds that chronic sinusitis/rhinitis, urinary tract disorder (manifested by hematuria), and peptic ulcer disease/gastroenteritis were manifested during the veteran's period of active duty service. Service connection is therefore granted for these conditions.

The Board has ordered further development due to the need for additional evidence and clarification. The veteran's case is now being remanded to the RO for additional examination and review.

The Board has determined that new and material evidence has been submitted to reopen the claims for service connection of low back disorder and sinusitis, but not for hemorrhoids. The veteran's claim for a compensable rating for hemorrhoids remains denied as there is no evidence showing symptoms warranting such a rating. For the low back disorder, the Board finds that new and material evidence has been submitted to reopen the claim, while for sinusitis it has not.

The Board has determined that the veteran does not currently suffer from bilateral hearing loss disability for VA compensation purposes and therefore, service connection for this condition is denied.

The Board has granted service connection for generalized anxiety disorder and denied service connection for an allergic condition diagnosed as allergic rhinosinusitis. The claim for service connection for tonsillitis (throat condition) was previously denied, but the veteran's representative indicated that he is seeking to reopen this claim.,Service connection for a throat condition (tonsillitis) has been granted.

The Board has granted a TDIU rating, finding that the veteran's service-connected disabilities render him unemployable. The issue of an increased rating for lumbar stenosis with bulging disc is remanded due to additional evidence received since the June 2002 Statement of the Case.

The Board denied the veteran's claim for an initial compensable evaluation for sinusitis, finding that there was no objective evidence of active sinusitis since service.

The Board has determined that the veteran's sleep apnea is aggravated by his service-connected sinusitis, and thus grants service connection for this condition on a secondary basis.

The veteran's appeal is remanded for additional development, including obtaining medical records and providing VCAA notice.

The Board denied the veteran's claims of service connection for lower back pain and sinusitis, finding that new and material evidence had not been submitted to reopen the claim for lower back pain. The VA medical records did not establish a link between the veteran's current low back disability and his service injury.

The veteran's permanent disabilities, including WPW syndrome, hypertension, and migraine headaches, do not meet the criteria for a permanent and total disability rating for pension purposes due to his ability to engage in substantially gainful employment.

The Board has granted service connection for a bilateral foot disorder characterized as pes planus with plantar fasciitis, and the veteran's irritable bowel syndrome, acne, allergic rhinitis, and atrial fibrillation are all rated at 10 percent.

The Board denied the veteran's claims for service connection for allergic rhinitis, gastrointestinal disorder (claimed as a stomach disorder, gallbladder disease, or pancreatitis), sinusitis, and diabetes mellitus. The issues of reopening these claims were addressed.

The VA has granted a 30 percent rating for post-operative residuals of vasomotor rhinitis, including a deviated nasal septum. The maximum allowable under the old rating criteria.

The Board denied service connection for right shoulder and left knee disabilities, but granted service connection and assigned 10 percent evaluations each for gastroesophageal reflux disease with hiatal hernia, musculoskeletal low back pain, postoperative scar on the proximal aspect of the left foot, and a left foot disability (classified as status post arthroplasty with pin fixation of the 2nd digit, osteotomy of the 2nd metatarsal, and bunionectomy).

The Board has denied the veteran's claims for service connection for diabetes mellitus and an increased rating for allergic rhinitis, finding no evidence to support these claims.

The Board denied the veteran's claims for service connection for chronic sinusitis and dermatological disabilities, including eczema, tinea pedis, and tinea cruris. The denial was based on a lack of evidence linking these conditions to Agent Orange exposure in Vietnam.