Sinusitis decisions — 2004

The veteran's headaches are considered part of his service-connected maxillary sinusitis and are already reflected in the current evaluation. The claim for an earlier effective date for acne scarring, atopic dermatitis, and depressive disorder is denied as it was not 50% disabling prior to September 15, 1989.

The Board has determined that the veteran's claims for service connection have been denied, with some issues being granted and others not. The specific conditions at issue include Gulf War syndrome, various respiratory disorders, gum disease, gastritis, Looney fever, colitis, dysentery, and sinus disorder.

The Board has remanded the veteran's claims for service connection for low back disability and chronic sinusitis due to insufficient evidence regarding the etiology of her current disabilities.

The Board denied the veteran's claims for service connection for various conditions, including chronic sinusitis, anxiety disorder (PTSD and anxiety), headaches due to an undiagnosed illness, skin disorders, disability of the hands and elbows, and bilateral knee disabilities. The appeals were based on presumed service connection for undiagnosed illnesses related to service in the Persian Gulf region.

The Board denied the veteran's claim for an increased rating for chronic allergic rhinosinusitis, finding that the evidence did not meet the criteria for a higher evaluation.

The Board granted increased ratings of 60 percent for total right and left knee replacements, and a TDIU rating. The maxillary sinusitis was rated at the current 10 percent level.

The veteran meets the threshold requirements for a total rating based on individual unemployability due to his service-connected disabilities, and is unable to secure and follow a substantially gainful occupation as a result of these disabilities.

The Board has granted service connection for cervical spine degenerative joint disease and evaluated sinusitis at a 10 percent disability rating. The veteran's claim for reopening the cervical spine condition was successful, as new evidence supported his claim.

The Board denied all service connection claims, including those for skin disorders and other conditions.

The Board denied the veteran's claims for service connection for a rash on the arms and a sinus disorder/rhinitis. The Board found no competent evidence linking these conditions to his military service.

The veteran's claims for higher initial ratings for prostatitis and benign prostatic hypertrophy, hiatal hernia with gastroesophageal reflux disease and irritable bowel syndrome, sinusitis with seasonal allergies, and genital herpes (HSV II) were denied as the evidence did not meet the criteria for a higher rating under applicable VA regulations.

The Board finds that the veteran's service-connected herniated nucleus pulposus of the lumbosacral spine does not warrant a disability rating in excess of 40 percent, as he does not have evidence of severe impairment resulting from recurring attacks with only intermittent relief.

The Board found that the veteran's substantive appeal was timely and within its jurisdiction, thus allowing his claims for service connection for asthma and allergic rhinitis to proceed.

The Board has determined that the veteran's sinusitis and right foot fracture residuals are related to his service-connected right ankle disability, leading to a grant of service connection for these conditions.

The Board denied the veteran's claims to reopen his service connection claims for various conditions, finding that no new and material evidence had been submitted.

The veteran's appeal is being remanded due to the need for a hearing before a traveling Veterans Law Judge. The issues of service connection for various conditions remain on appeal.

The veteran's appeal is being remanded for additional development, including a VA examination to determine the current status of his left eye disorder and service connection claim. The compensation claim under 38 U.S.C.A. § 1151 will also be addressed.

The Board has reopened the veteran's claims for service connection for hearing loss and a higher rating for sinusitis. However, further development is needed as new evidence indicates potential associations with military service but does not provide sufficient medical opinion to substantiate these claims. The VA must conduct additional examinations and obtain updated medical opinions.

The Board has determined that a new examination is needed for the veteran's service-connected disabilities due to inadequate previous examinations and revisions in evaluation criteria.

The VA determined that the veteran's chronic sinusitis did not meet the criteria for a compensable rating, as it was only moderately problematic and had not required prolonged antibiotic treatment or frequent episodes of infection.