Sinusitis decisions — 2004

The Board dismissed the veteran's appeal as her substantive appeal was not timely filed.

The Board found no evidence of a left thumb disorder or sinusitis during service and denied the veteran's claims for these conditions.,No current diagnosis of a dental condition was established, and thus the claim is considered 'unknown' as it does not involve service connection.

The Board found no evidence of current arthritis, gout, sinusitis, or headaches related to the veteran's period of service. The claims for these conditions were denied.

The Board found no evidence linking the veteran's current low back disability, sinusitis, or stomach symptoms to service.,Specifically, the Board noted that any current conditions were not caused by incidents of service.

The Board denied the veteran's claim for a higher rating for his service-connected chronic sinusitis, finding that he did not meet the criteria for a higher evaluation based on incapacitating episodes or non-incapacitating episodes.

The veteran's appeal is being remanded for further development and adjudication, including the consideration of her claims for increased ratings for service-connected disabilities and a TDIU. The RO must also obtain all relevant medical records and conduct a VA examination to assess the impact of her service-connected conditions on her employability.

The veteran withdrew his appeal regarding the increased disability ratings for sinusitis and fibromyalgia, leaving only the issues of entitlement to an increased rating for a cervical spine disorder and entitlement to service connection for a right knee disability unresolved.

The veteran's appeal is being remanded due to a scheduling issue for a Travel Board hearing. The issues of rating hypertension, sinusitis, and laceration residuals remain unresolved.

The veteran's claims for secondary service connection for headaches resulting from sinusitis and increased evaluations for her service-connected sinusitis and cervical spine disability prior to October 1, 2001 were denied. The RO confirmed the current evaluation of 30% for sinusitis but did not increase it further. Service connection for degenerative changes to the cervical spine was severed effective October 1, 2001.

The veteran's claim for service connection for bilateral hearing loss is denied as there is no evidence of a current disability.,Service connection for bipolar disorder is not granted, and the veteran's rating for this condition remains at 30 percent. The veteran does not meet the criteria for a higher rating due to his symptoms being within the range considered 'stable' by VA psychiatrists.

The Board has remanded the case due to a failure to consider both old and new rating criteria, provide proper VCAA notice, and obtain additional medical examination.

The Board denied the veteran's claims for higher ratings for sinusitis and rhinitis, finding that the evidence did not warrant a rating in excess of 10 percent for either condition.

The veteran's claim for an initial disability evaluation in excess of 10 percent for residuals of fractured nose, status post septoplasty, turbinectomy, and frontal sinusitis was denied. The evidence did not meet the criteria for a higher rating under the old rating criteria.

The Board denied the veteran's claims for service connection for high frequency hearing loss, left ear; sinusitis and bronchitis as a result of exposure to herbicides; and skin rash as a result of exposure to herbicides. The appeals were based on presumptive service connection due to exposure to Agent Orange.

The Board denied reopening the claim of service connection for sinusitis, finding that no new and material evidence had been presented.

The Board has determined that the veteran did not timely file a Substantive Appeal to the June 1999 rating decision. The RO is instructed to issue a statement of the case addressing the issues of entitlement to a compensable rating for sinusitis, as well as whether new and material evidence has been submitted to reopen claims of service connection for residuals of a tonsillectomy and adenoidectomy, residuals of a fractured right little finger, residuals of a right ankle sprain, residuals of a left ankle injury, a cervical spine disability, and a thoracic spine disability. If the veteran files a timely Substantive Appeal as to any of these issues, they should be returned for review by the Board.

The Board denied the veteran's claims of service connection for otitis media, sinusitis and allergic rhinitis, periodontal disease, and hearing loss. The Board found no evidence of current disabilities involving these conditions.

The Board has determined that the veteran does not meet the criteria for a compensable disability rating under either the old or new VA rating criteria for varicose veins. The veteran's bilateral varicose veins are currently rated as noncompensable.

The veteran's GERD and allergic rhinitis with seasonal sinusitis have not been shown to meet the criteria for a compensable evaluation under their respective diagnostic codes.,VA has determined that the veteran does not have any service-connected conditions requiring an extraschedular consideration.

The Board denied the veteran's claims for increased ratings for sinusitis and hiatal hernia with gastroesophageal reflux disease (GERD). The veteran was not granted a compensable rating for his sinusitis, as there were no incapacitating episodes. For his hiatal hernia with GERD, he received a 10 percent disability rating effective from October 2001.