Sinusitis decisions — 2004

The Board has determined that the veteran does not have a current hearing loss disability for VA purposes and there is no evidence of sinusitis or gastroenteritis during service. Therefore, service connection for these conditions cannot be granted.

The VA has decided to remand the case for further examination and evaluation of the veteran's chronic sinusitis, maxillary condition.

The Board denied the veteran's claims for increased ratings for bilateral pes planus and an earlier effective date for service connection of sinusitis. The veteran is seeking higher ratings for his service-connected conditions.

The Board found that the July 1960 rating decision denying service connection for epilepsy was not clearly and unmistakably erroneous. Diabetes mellitus, a chronic 'heart condition', and swelling of hands and feet were not shown to be related to service.

The Board has granted a 30 percent rating for service-connected sinusitis, finding that the veteran's symptoms meet the criteria for this increased evaluation based on more than six non-incapacitating episodes per year of sinusitis characterized by headaches, pain, and purulent discharge or crusting.

The veteran's service records show treatment for sinus congestion and headaches, but no chronic disability was found. The Board finds that the veteran does not have a current heart condition other than hypertension.,There is no evidence of a chronic heart condition or hypertension beginning during service.

The veteran's claim for a higher rating for allergic sinusitis was denied. The RO granted service connection for acne keloidalis nuchae with an effective date of August 7, 2001, and assigned a 30 percent disability evaluation. Additionally, the RO reopened his previously denied claim for sleep apnea based on new evidence.

The veteran's claims for service connection for various conditions, including bilateral hearing loss, chloracne, prostate cancer, benign prostatic hyperplasia, an acquired psychiatric disorder (including anxiety), sinusitis, cervical spine myositis, and lumbar spine myositis were denied as there is no evidence of current disability or in-service exposure to herbicide agents.

The Board has determined that the veteran's current symptoms of nasal congestion, which have been diagnosed as sinusitis or rhinosinusitis, are related to his deviated septum from a service injury in October 1987. As such, service connection for these conditions is granted.

The Board dismissed the veteran's appeals as to evaluations for prolapse of the rectum with rectocele and removal of the gallbladder, and for service connection for foot disorders, prolapse of the uterus, sinusitis, migraine headaches, and bilateral shin splints.

The Board denied the veteran's claims for service connection for sinusitis and an earlier effective date for his right shoulder bursitis rating. The veteran is seeking to establish service connection for sinusitis, but the evidence does not support a grant of service connection based on direct service connection.

The veteran's hemorrhoids with anal fissure are not manifested by extraordinary or unusual circumstances, such as marked interference with employment or frequent hospitalizations. The veteran is granted a compensable evaluation for residuals of an injury to the left great toe.,Chronic sinusitis has not been productive of three or more incapacitating episodes per year characterized by headaches, pain, and purulent discharge or crusting, or one or more capacitating episodes of sinusitis per year requiring prolonged antibiotic treatment. The veteran's service connection for residuals of a left ankle sprain is not established.

The Board has remanded the issues of service connection for left knee injury and sinusitis, as well as increased ratings for bilateral hearing loss and tinnitus. The veteran's appeal is currently pending due to a need for additional development.

The Board denied the veteran's claim of entitlement to a combined service-connected disability rating of 80 percent due to hypertension as secondary to asthma. The ratings for his other service-connected conditions (asthma, allergic rhinitis with chronic sinusitis, and anxiety-neurosis with depression) were also upheld.

The Board has remanded the veteran's claims for service connection and evaluation of sinusitis, lung disorder, and vocal cord disorder due to secondary service-connected conditions. The appeals are pending with the RO.

The veteran's maxillary sinusitis, migraine headaches, patellofemoral syndrome of the right and left knees, and cervicitis/dysplasia have been rated based on their current manifestations. The appeal for higher ratings is denied.

The Board has granted an increased disability evaluation of 10 percent for service-connected chronic sinusitis, effective from May 28, 2002. The claim for a higher evaluation for post-traumatic nasal septal deformity is denied as the highest permissible schedular rating (10%) is currently in effect.

The Board has determined that additional development is needed to fully and fairly consider the veteran's claims for service connection for bilateral hearing loss, tinnitus, and sinusitis.

The Board has denied the veteran's claims for service connection and compensation under 38 U.S.C.A. § 1151, as well as his claim for right shoulder residuals.

The veteran's claims for service connection for bilateral hearing loss, peptic ulcer disease, sinusitis, refractive error, arthritis of the lumbosacral spine, arthritis of the right knee, and arthritis of the left knee were denied. The decision is based on a lack of evidence showing these conditions were incurred or aggravated during active duty service.