Sinusitis decisions — 2005

The VA has granted a 20 percent rating for the veteran's service-connected right knee disorder since March 1, 2004. The VA denied an increased rating for her sinusitis.

The veteran's appeal has been dismissed due to his death. The Board does not have jurisdiction to adjudicate the merits of this claim.

The Board's decisions on service connection for sinusitis and reopening of a claim for low back pain are dismissed due to the CAVC order vacating the December 2003 decision.

The Board has remanded the case to the RO for further development and consideration of the issues, including whether new and material evidence was submitted to reopen a claim for service connection for low back pain and entitlement to service connection for sinusitis.

The Board has determined that the veteran's service-connected deviated nasal septum and chronic sinusitis do not warrant higher disability ratings. The evidence does not show marked interference with breathing space or significant nasal obstruction for the deviated nasal septum, nor does it indicate frequent incapacitating episodes of sinusitis requiring prolonged antibiotic treatment.

The veteran's disabilities, including degenerative disc disease of the lumbosacral spine and hypertension, do not meet the criteria for a permanent and total disability rating for pension purposes as they are not sufficiently disabling to prevent him from securing and following substantially gainful employment.

The Board found that the veteran's rhinosinusitis has been manifested by symptomatology consistent with no more than a 30 percent rating under both the old and revised versions of DC 6510. The claim for increased evaluation for chronic prostatitis was also denied.

The veteran's claim for an increased rating for chronic sphenoid sinusitis is being remanded due to the need for additional development, including obtaining medical records and scheduling a VA examination.

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

The Board granted service connection for allergic rhinitis effective July 1, 1991. However, the veteran's claim for an initial rating in excess of 10 percent and a separate rating from chronic sinusitis was denied.

The Board found that the evidence did not meet the criteria for a compensable initial rating for sinusitis, as there was no evidence of incapacitating episodes or purulent discharge/crusting.

The Board has remanded the claims for service connection and higher ratings due to insufficient evidence regarding the veteran's head injury claim. The other claims are being addressed.

The veteran's appeal for higher initial evaluations for sinusitis and allergic rhinitis has been dismissed as she withdrew her appeal in a written statement.

The veteran's claims for increased evaluations and service connection were granted, with a 20% evaluation assigned for the left tibia disorder effective from June 9, 2003. Service connection was established for sinusitis but denied for hiatal hernia, TMJ dysfunction, and arthritis of both elbows.

The Board finds that the veteran's claims for service connection for intermittent fatigue and respiratory infections with sinusitis are not supported by competent evidence of a chronic disability resulting from an undiagnosed illness, and thus denied.

The Board has determined that new and material evidence was not submitted to reopen the claim for service connection for chronic sinusitis. The claim for service connection for fibromyalgia as an undiagnosed illness based on Persian Gulf War service is granted.

The veteran's claims for service connection are being remanded due to inadequate notice and missing medical records. The veteran also requested a personal hearing, which is noted.

The Board has denied the veteran's claims for service connection for ear infection, sinusitis, and sleep apnea as these conditions were not shown to be related to his military service.

The Board has determined that the veteran does not have a ratable bilateral eye disability, and his sinusitis and hearing loss are not service-connected.

The Board has determined that the veteran's chronic sinusitis was not incurred or aggravated during his active service.