Sinusitis decisions — 2005

The veteran's claims for service connection for sinusitis, acquired psychiatric disorder, low back disability, and stomach disability were denied. The Board found that new and material evidence had not been received to reopen the claims of acquired psychiatric disorder and low back disability.

The Board has granted a 100 percent schedular evaluation for bronchial asthma, effective from the date of the decision. The veteran's sinusitis remains at 30 percent disability.

The Board denied the veteran's claims for increased evaluations for migraine headaches, rhinosinusitis, chronic maxillary, athlete's foot disorder, and fracture of the right little toe. The evidence did not meet the criteria for a higher evaluation under applicable diagnostic codes.

The veteran's appeal is being remanded for further development, including obtaining SSA records and readjudicating the issues on appeal.

The veteran's claims for increased ratings and service connection are being remanded to obtain additional evidence, including VA examinations and verification of her Army Reserve service.

The veteran's service-connected sinusitis and allergic rhinitis were granted, with a combined evaluation of 50 percent from October 13, 2000 to November 30, 2002. After that period, the veteran received a separate noncompensable evaluation for his allergic rhinitis.

The Board denied the veteran's claim for an initial rating in excess of 10 percent for chronic sinusitis, finding that his symptoms did not meet or nearly approximate the criteria for a higher rating.

The Board found that service connection was granted for a right shoulder rotator cuff tear injury, but denied claims for heart disorder, sinusitis, left knee disorder, hemorrhoids, and increased ratings for gastroesophageal reflux disease with hiatal hernia and musculoskeletal low back pain. The left foot disability is rated at 20 percent.

The Board has remanded the case due to insufficient medical opinion regarding the onset and causation of the veteran's claimed conditions. The RO is instructed to provide a VA examination for this purpose.

The Board found that the veteran does not have a single service-connected disability rated as 100 percent disabling, and thus is not entitled to special monthly compensation under 38 U.S.C.A. § 1114(s).

The RO granted a combined 80 percent rating for bronchial asthma with chronic sinusitis and sleep apnea, effective from April 1998. The veteran is seeking higher ratings.

The Board has determined that the veteran's current diagnosis of bilateral maxillary sinusitis is not related to his military service and denied his claim for service connection.

The veteran's appeal is being remanded to the RO for scheduling a videoconference hearing. The veteran and his representative will be notified of the scheduled hearing.

The Board denied service connection for PTSD, Memory Loss, Chronic Fatigue Syndrome, Thyroid Disorder, Muscle Aches, Skin Disorder, and Headaches. The veteran's claims were based on direct evidence of a chronic condition related to his military service.

The Board found that the veteran's claimed conditions are not due to disease or injury incurred in service, and thus denied his claims.

The Board has determined that the veteran does not have a current disability diagnosed as chronic sinusitis and therefore, service connection for this condition is denied.

The veteran's request to have his hearing rescheduled was made in a timely manner and for good cause. His claims folder will be transferred to the most convenient RO or satellite office for servicing, and he will be scheduled for a Board hearing at that location.

The Board found that none of the claimed conditions were present in service or manifest for many years thereafter, and no relationship to service was established. The veteran's psychiatric disorder is not addressed as a separate issue.

The veteran's claims for service connection for left and right knee disabilities, granulomatous disease, sinusitis, allergic rhinitis, and exercise-induced asthma with urticaria are all denied. The Board finds no evidence of these conditions during active service or that they were aggravated by service.

The veteran's migraine headaches are rated at 50 percent effective December 21, 2001. His low back disability is rated at 10 percent since March 17, 1997. The Board has granted service connection for his right and left knee disabilities, pancreatitis, inguinal hernia, sinusitis, and arthritis of the feet and knees.