Sinusitis decisions — 2005

The veteran's appeal for higher ratings for sinusitis and bilateral pes planus was denied. The VA determined that the veteran did not meet the criteria for a disability rating greater than 10 percent for his sinusitis, but found no evidence of compensable disability for his bilateral pes planus.

The Board denied the veteran's claims for service connection for a lower back disorder and chronic sinusitis, finding that new and material evidence had not been received to reopen his previously denied claim for a lower back disorder. The decision also noted that there was no medical evidence of a lower back injury during service or of a link between current low back complaints/pathology and the veteran's period of service.

The Board has granted service connection for various conditions and assigned initial compensable ratings, with the exception of irritable bowel syndrome which remains noncompensably disabling.

The veteran's service-connected conditions have been granted initial evaluations of 10 percent each, effective August 2000.

The Board denied the veteran's claims of service connection for residuals of a left cheek bone fracture, including sinus and stomach trouble, as well as low back disability. The evidence did not support a finding that these conditions were incurred in or aggravated by active service.

The veteran's claims for service connection for various conditions are denied as there is no competent clinical evidence of any such conditions during or after his military service.

The Board has determined that the veteran's sinusitis was not incurred in or aggravated by active service and denied his claim.

The veteran's claims for increased ratings for hypertensive arteriosclerotic heart disease, bilateral maxillary and ethmoid sinusitis, hemorrhoids, and allergic rhinitis are denied.

The veteran's claim for vocational rehabilitation benefits was denied as he did not cooperate with the program and decided to enroll in training instead of seeking employment.

The Board denied a higher evaluation for the veteran's chronic sinusitis with allergic rhinitis, finding that his disability did not meet the criteria for a higher rating under any applicable diagnostic codes.

The Board has determined that the effective date for a total rating due to individual unemployability is August 31, 2001. The veteran's claim was received on this date and he was found to be unemployable as of this date.

The Board has determined that the veteran's claimed respiratory, sinus, and colon disabilities were not incurred during military service or as a result of asbestos exposure. As such, these claims for service connection are denied.

The Board has determined that the veteran does not have current diagnoses of flatfoot or clawfoot, and thus service connection for these conditions is denied. The remaining issues regarding asthma, sinusitis (headaches), right ankle disorder, left ankle disorder, and diarrhea are addressed in the REMAND portion.

The veteran's claims for higher initial evaluations for sinusitis, gastroesophageal reflux disease, and left ear hearing loss are being remanded due to the need for additional development of his medical records.

The veteran was gainfully employed until September 19, 2002, despite her service-connected disabilities. The RO assigned an effective date of September 20, 2002, for the grant of a total evaluation based on individual unemployability.

The Board has denied the appellant's claims for increased ratings for major depression, hemorrhoids, and allergic sinusitis, as well as his claim of entitlement to a total rating based on individual unemployability (TDIU) due to service-connected disability.

The Board has reopened the veteran's claim for service connection for chronic sinusitis and granted it, finding that there is evidence of a current disability (chronic sinusitis), a disease or injury in service (chronic sinusitis noted during service), and a relationship between the current disability and any injury or disease during service.

The Board has remanded the case for further development, including obtaining medical records and considering additional evidence.

The veteran's appeal is being remanded for additional development, including a VA examination to assess the severity of her migraine headaches and maxillary sinusitis.

The Board denied a rating in excess of 10 percent for sinusitis with headaches, finding that the veteran's symptoms did not meet the criteria for a higher rating based on incapacitating episodes or non-incapacitating episodes.