Sinusitis decisions — 2003

The Board of Veterans' Appeals has determined that the veteran does not have a chronic disability manifested by sinusitis and rhinitis, and therefore denied his claim for service connection.

The Board has determined that the veteran's asthma and sinusitis were incurred during service, with no presumption of soundness at entry. The claims for both conditions are granted.

The Board has determined that the veteran did not timely perfect an appeal of the May 2000 RO decision regarding his claims for service connection and increased evaluation. As such, these issues are dismissed.

The Board denied the veteran's claim for service connection for chronic sinusitis, finding that there was no evidence of a current disability related to in-service surgery or symptomatology.

The veteran's service-connected disabilities do not preclude substantially gainful employment.

The Board finds that the veteran's hiatal hernia and esophagitis, sinusitis, and hypertension began during active duty and are therefore service-connected.

The Board has determined that the veteran's claimed sinusitis and right shoulder disabilities did not have their onset during service, nor are they related to any incident in service. The evidence does not support a finding of chronicity or continuity of symptomatology.

The Board found that the veteran's sinusitis was not incurred or aggravated during active military service, as it was clearly and unmistakably due to the natural progress of a preexisting condition.

The Board denied the veteran's claims for service connection for chronic rhinosinusitis, chronic prostatitis, arthritis of the left knee, left arm dermatofibrosarcoma protuberans, and contact dermatitis. The denial is based on a lack of evidence linking these conditions to his military service or exposure to herbicide agents.

The Board has determined that the veteran's claims for increased ratings for bilateral varicose veins and vasomotor and allergic rhinitis are denied as there is no evidence of symptoms warranting a higher rating under either the old or new rating criteria.

The Board denied the veteran's claims for an initial compensable evaluation for residuals of a nasal bone fracture, status post septoplasty and service connection for chronic rhinosinusitis.

The Board has determined that the veteran's status post wedge resection of a pulmonary nodule, caseating granuloma of the right lobe is related to asbestos exposure during his military service. The hearing loss and sinusitis claims are denied as there is no evidence showing these conditions were incurred in or aggravated by his military service.

The Board denied service connection for diabetes mellitus and gout, and an increased rating for sinusitis.

The veteran is permanently and totally disabled for pension purposes due to multiple non-service-connected disabilities, including hypertension, gastroesophageal reflux, dysthymia by history, degenerative joint disease of the lumbar and thoracic spines, degenerative joint disease of the left ankle, bilateral knee arthritis of the patella, mass soft tissue of the neck, and allergic rhinitis.

The veteran's upper respiratory system disorders have been primarily manifested by occasional incapacitating episodes, enlarged turbinates, mucous, and occasional bleeding since April 1992. The Board denied a higher rating for sinusitis with allergic rhinitis and deviated nasal septum.

The Board has determined that the evidence supports a finding of chronic rhinitis originating during service, and thus grants service connection for this condition.

The veteran's claims for increased evaluation, service connection for PTSD and back injuries, as well as reopening of a claim for sinusitis, rhinitis and a deviated nasal septum were denied. The veteran's claim for TDIU was also denied.

The Board has granted a 10 percent evaluation for the veteran's frontal sinusitis prior to March 29, 2000 and denied an increased disability evaluation.

The veteran's claims for increased evaluations of his service-connected allergic rhinitis, residuals of a fracture of the left tibia and fibula, and herpes lesions on the right buttock have been denied as they do not meet the criteria for an evaluation in excess of 10 percent.

The Board has determined that the veteran does not have a current diagnosis of PTSD, and his back strain and pain resolved without residual disability. The Board also found no evidence linking sinusitis to service.