Sinusitis decisions — 2004

The Board has remanded the case due to a lack of VCAA notice and for further development, including obtaining a VA medical opinion regarding whether the veteran's headaches and sinusitis are related to service.

The Board granted an effective date of August 29, 2001 for a 30 percent rating for occlusal trauma due to bruxism with temporomandibular joint symptoms and found the veteran's incontinence secondary to her service-connected Cesarean section scar. The other claims were denied.

The Board found that the veteran does not currently have sinusitis, but service-connected headaches were incurred during active duty. The initial compensable rating for hemorrhoids was granted in a separate decision.

The Board found that the veteran's sinusitis did not result from his service-connected lung disability and denied both his claims for service connection and an increased rating. The veteran's lung disability is currently rated at 60 percent.

The veteran's claims for service connection for allergic rhinitis and conjunctivitis are being remanded to the RO for further evaluation.

The veteran's claims for service connection and increased disability ratings were denied. The Board found that the veteran did not have current disabilities related to hives, wrist disorders, carpal tunnel syndrome, or a lumbar spine disorder. Service connection was also denied for chronic sinusitis and seasonal allergies and migraine headaches.

The Board found that the veteran did not serve in Vietnam and there is no evidence of herbicide exposure. The chronic respiratory disorders, including sinusitis and allergic rhinitis, were diagnosed post-service and are not related to service or herbicide exposure.

The Board found no evidence to support the veteran's claim that his current upper respiratory disorder, including sinusitis and allergic rhinitis, was incurred in or aggravated by service. The preponderance of the evidence is against the veteran's claim.

The veteran's appeal is being remanded due to the failure to provide proper notice and scheduling for a Travel Board hearing. The RO must ensure compliance with the Veterans Claims Assistance Act of 2000 (VCAA) by providing appropriate notice and readjudicating the claims.

The RO denied the veteran's claims for service connection for various conditions, including PTSD, a low disability (likely referring to low back disability), hearing loss, lung disease (including asthma), urethral stricture, migraine headaches, arthritis of the left shoulder, bilateral knee disorder, and sinusitis. The denial is final as it was made in August 2001.

The veteran's claims for service connection for various conditions have been denied as there is no evidence to support the presence of these conditions during his active military service.

The Board has denied the veteran's claims for service connection for PTSD, pes planus, malaria, sinusitis, left inguinal hernia, residuals of a spider bite of the left groin, and back disability. The claim for right ear hearing loss is granted as incurred in service, but the issue remains pending with respect to compensable ratings.

The veteran's claims for service connection and increased evaluations were granted, with the exception of sinusitis. The RO also provided initial compensable ratings for migraines and left tibia osteochondroma.

The Board has determined that new and material evidence has not been submitted to reopen the veteran's claim for service connection for a deviated nasal septum. The issue of an increased rating for sinusitis with headaches is addressed in the REMAND portion of this decision.

The Board denied the veteran's claim for an increased evaluation for allergic rhinitis, currently rated at 10 percent.

The Board has reopened the claims of entitlement to service connection for anemia, kidney disease, headaches, sinusitis, a stomach condition, and right-sided hearing loss. However, it remains unclear whether these conditions were incurred in or aggravated by service due to lack of substantial evidence.

The Board has remanded the claims for service connection for sinusitis and a compensable evaluation under 38 C.F.R. § 3.324 based on multiple noncompensable service-connected disabilities to the RO via the Appeals Management Center (AMC) in Washington, DC. The other claim for an increased rating for bilateral tinea pedis has been decided.

The Board has determined that the veteran's service-connected residuals of a fractured right frontal sinus warrant a rating of 30 percent, based on more than six non-incapacitating episodes of sinusitis per year.

The veteran's service-connected sinusitis was rated at 10 percent from September 9, 1996 through October 6, 2001; and at 30 percent from October 7, 1996 through July 24, 2001.,The veteran's service-connected bilateral pes planus was not rated as compensable.

The veteran's generalized joint pain, including left shoulder and wrist pain, is presumed to be due to an undiagnosed illness related to his service in the Gulf War. Service connection for bronchitis, heartburn and flatulence as due to an undiagnosed illness, post-traumatic stress disorder, and right submandibular lymph gland swelling with pharyngitis are granted. The veteran's allergic rhinitis is not presumed to be related to his service in the Gulf War.