Sinusitis decisions — 2004

The Board denied the veteran's claims for service connection for cause of death and eligibility to Dependents' Educational Assistance under 38 U.S.C. Chapter 35, as well as his claim for burial benefits.

The Board has dismissed the veteran's appeals concerning entitlement to service connection for loss of sight, chronic sinusitis, and an initial evaluation greater than 10 percent for impingement syndrome of the left shoulder. The issues have been withdrawn by the appellant.

The Board has granted the veteran's application to reopen his previously denied claim of entitlement to service connection for a low back disability. The issues of an increased rating for a hip disability, an increased rating for sinusitis, and whether new and material evidence has been submitted to reopen claims of entitlement to service connection for left knee disability are addressed in the remand appended to this decision.

The RO granted service connection for tinnitus and assigned a 10 percent disability rating effective April 22, 2002. The veteran's claim of service connection for a psychiatric disorder was denied as there is no medical evidence establishing the presence of such a condition.

The VA determined that the veteran does not have a current hearing loss disability for VA purposes and denied his claims for service connection for bilateral hearing loss. For chronic sinusitis, there is no evidence of current diagnosis or treatment.

The Board has determined that the veteran's sinusitis does not warrant an evaluation in excess of 10 percent, as there is no evidence of three or more incapacitating episodes per year requiring prolonged antibiotic treatment.

The Board has decided to remand the case for further development, including obtaining medical records and scheduling examinations. The claims will be reconsidered based on the additional evidence.

The veteran's claims for increased evaluations of his service-connected conditions are being remanded due to the need for additional examinations and compliance with VCAA requirements.

The veteran's PTSD, sinusitis with deviated nasal septum, and anxiety disorder claims were all granted. The effective date for the grant of service connection for anxiety disorder was set at July 13, 2004.

The Board denied evaluations in excess of the assigned schedular ratings for allergic rhinitis and sinusitis, as well as asthma. The evidence did not support an extraschedular evaluation.

The Board has dismissed the veteran's appeal regarding her claim for an increased evaluation of her service-connected sinusitis condition due to a lack of timely filing of a substantive appeal.

The veteran's service-connected sinusitis is currently rated at 30 percent, which is the maximum rating available under current VA regulations.

The Board found that the veteran's sinusitis did not meet or approximate the criteria for a higher disability evaluation, and thus denied his claim.

The Board has denied service connection for macular degeneration and reopened the claim for sinusitis on the basis of new evidence. The decision is mixed as some issues were granted while others were not.

The Board has determined that the veteran does not have a current diagnosis of sinusitis, sleep disorder, or chronic heart condition and therefore cannot establish service connection for these conditions.

The veteran's claims for increased ratings have been granted, with the exception of his claim for a scar from an excision of a cyst on the right thigh. The other conditions and issues were all granted.

The Board denied the veteran's claims for service connection for bilateral hearing loss and initial disability ratings for right knee arthritis and sinusitis with a history of septoplasty. The veteran was not granted any new or material evidence to reopen his previously denied claim for service connection.

The Board found that the veteran's low back disability, bilateral hearing loss, tinnitus, hypertension, sinusitis, and right foot fracture were not incurred or aggravated during active service. The VA examinations did not provide sufficient evidence to establish a nexus between these conditions and service.

The veteran's disabilities do not meet the criteria for special monthly pension on account of need for regular aid and attendance or at the housebound rate.

The veteran's claim for a rating in excess of 30 percent for PTSD from November 7, 1996 is being remanded due to the need for additional evidence and an updated psychiatric examination. The initial rating issue for PTSD prior to November 7, 1996 remains denied.