Sinusitis decisions — 2004

The veteran's claim for TDIU is being remanded due to unclear determination of the cause of his unemployability and need for further development.

The veteran's claims for an initial compensable rating for onychomycosis, service connection for sinusitis, and service connection for allergic rhinitis are being remanded due to the need for further development. The other issues will be decided as is.

The veteran's tinnitus was first manifested in service and is considered to be the result of disease or injury incurred therein. Service connection for tinnitus has been granted.

The Board finds that the veteran did not have a chronic upper respiratory infection or sinusitis in service, and thus does not meet the criteria for service connection.

The Board has determined that the veteran does not have current residuals of nasal injuries including a deviated septum and nasal blockage, nor does he have chronic rhinitis. The claims are denied.

The veteran's appeal is remanded for further development and consideration, including notification of the VCAA requirements and scheduling a videoconference hearing. The issues include an increased rating for asthma, earlier effective dates for service connection for sinusitis and asthma, and service connection for a left eye disorder.

The Board denied the veteran's attempt to reopen his service connection claim for allergic rhinitis, finding that no new and material evidence had been submitted.

The Board will remand this case to comply with the July 2003 Court Order, ensuring all notification and development actions required by law are fully complied with.

The Board denied the veteran's claims for service connection for a left knee injury, right knee injury, and sinusitis due to insufficient evidence of current disabilities.

The veteran's claims for service connection for right and left knee disabilities, inflammatory pelvic disease, status post laparoscopy, and acute sinusitis with allergies are being remanded due to the need for additional development.

The Board denied the veteran's claims for an increased rating for postoperative residuals of a nose fracture, service connection for allergic rhinitis, low back pain, and residuals of frostbite to his ears. The remaining issues were remanded.

The veteran's appeals for increased ratings and effective dates were denied. The RO assigned a 10 percent rating for plantar fasciitis, effective November 7, 2000, based on the evidence of record showing moderate foot injuries. For sinusitis, the RO also assigned a noncompensable evaluation, effective November 7, 2000, due to lack of incapacitating episodes or significant symptoms.

The Board has determined that the veteran's right ankle achilles tendonitis, chronic sinusitis, and right wrist tendonitis were incurred in service. The claim for right knee patellofemoral syndrome is denied as there are no residuals of this condition at discharge from service. The ingrown toenail of the right great toe was also shown to be present during service.

The Board has remanded the case due to the need for further development, including obtaining VA treatment records and providing a medical examination.

The claim is being remanded to the RO for further review of newly developed evidence and consideration of a personal hearing.

The Board denied the veteran's claims for a higher initial rating and an earlier effective date for service connection of allergic rhinitis, finding that no evidence existed to support an earlier effective date than January 16, 1990.

The veteran's appeal was dismissed due to his death. His claims for service connection and a rating increase are moot.

The veteran's sinusitis with headaches and bilateral plantar fasciitis are service-connected, while his low back disorder is not. The veteran's bilateral plantar fasciitis is rated at 10 percent.

The Board dismissed the veteran's appeal because she did not file a timely substantive appeal, and her appellate rights expired on March 25, 2003.

The Board has granted service connection for allergic rhinitis with episodic sinusitis and assigned a non-compensable evaluation for the left foot tendonitis. The initial 20 percent evaluation is granted prior to April 7, 2001, and an increased 30 percent evaluation is granted from that date.