Sinusitis decisions — 2003

The Board denied the veteran's claims for a compensable evaluation for prostatitis, service connection for headaches and sinusitis. The veteran's prostatitis was found to be no more than mildly disabling without any need for absorbent materials or drug therapy. There is no indication of aggravation by his service-connected tonsillectomy for headaches and sinusitis.

The Board has ordered additional development, including obtaining medical records and conducting VA examinations. The case is being remanded to the RO for further action.

The Board has granted service connection for fibromyalgia and chronic fatigue syndrome, both of which are considered qualifying chronic disabilities under the provisions of the Persian Gulf War Veterans' Act. The veteran's symptoms have been documented since at least 1993, with diagnoses confirmed by medical records.

The Board has granted a 10 percent disability rating for the veteran's service-connected chronic maxillary sinusitis and perennial rhinitis with septoplasty, effective from January 1993.

The Board has granted a 30 percent rating for chronic frontal sinusitis, which is more than the maximum disability rating available under the applicable diagnostic code. The veteran's symptoms and history of exacerbations have been found to warrant this higher rating.

The Board denied the veteran's claims for service connection for headaches, whether new and material evidence has been submitted to reopen a claim of entitlement to service connection for sinusitis, and for effective dates earlier than January 10, 2002 for the assignment of a 10 percent rating for loss of smell and residuals of nasal obstruction status post septo-rhinoplasty.

The veteran's appeal is about increasing his rating for maxillary sinusitis with left nasal polyps, which he claims is more severe than the current evaluation of 30 percent. The RO has not yet addressed this claim and needs to conduct further development including a VA examination.

The Board has denied the veteran's claims for service connection for sinusitis, an increased rating for bilateral tinea pedis, and a compensable evaluation under 38 C.F.R. � 3.324 based on multiple noncompensable service-connected disabilities.

The Board found that the veteran does not have current chronic sinusitis and there is no medical evidence linking his claimed condition to service. Therefore, the claim for direct service connection was denied.

The Board denied the veteran's claim for an increased rating for chronic ethmoid sinusitis, currently evaluated at 10 percent disabling.

The Board found that the veteran's sinusitis resolved during service and was not present for at least three years following separation. The current evidence does not support a finding of chronic sinusitis related to service.

The Board found that the veteran's service-connected sinusitis did not warrant an increased rating beyond the current 10 percent evaluation due to lack of evidence showing three or more incapacitating episodes per year requiring prolonged antibiotic treatment, or more than six non-incapacitating episodes per year characterized by headaches, pain, and purulent discharge.

The Board found that the veteran's maxillary sinusitis is due to disease or injury incurred in service, and granted his claim for service connection.

The VA determined that the veteran's service-connected perennial rhinitis does not meet the criteria for a compensable evaluation based on the current level of disability.

The appeal has been dismissed as the appellant withdrew their appeal prior to a decision being made.

The Board found that the veteran's service-connected allergic rhinitis did not meet the criteria for a compensable rating from October 1, 1991 to June 12, 2002 and did not warrant a rating in excess of 10 percent from June 13, 2002. The veteran's service-connected left carpal tunnel syndrome, postoperative, and pes cavus were also found to not meet the criteria for higher ratings.

The veteran's service-connected disabilities (recurrent carcinoma of the face, bronchial asthma, right groin scar, and sinusitis) prevent him from securing or following a substantially gainful occupation consistent with his education and occupational background.

The Board found that the veteran's upper respiratory infections, including vasomotor rhinitis and sinusitis, were incurred during his active service.

The veteran's claim for an increased evaluation of his allergic rhinitis, currently rated at 10 percent, has been denied by the Board. The evidence did not meet the criteria for a higher rating due to the absence of polyps and complete bilateral obstruction on occasion.

The VA denied the veteran's claim for an initial compensable rating for his service-connected chronic sinusitis, finding that it did not meet the schedular criteria.