Sinusitis decisions — 2005

The Board found no evidence of a low back disability during service and concluded that any current low back disability was not incurred in or aggravated by service. The veteran's allergic rhinitis, reactive airway disease, and headaches are secondary to his service-connected nasal fracture with shattered facial bone.

The Board found that the April 1958 rating decision severing service connection for sinusitis and bronchitis did not contain clear and unmistakable error (CUE). The veteran's sinusitis was determined to have existed prior to his military service, and it was not established that there was any increase of disability in service upon which a finding of aggravation might be made. Therefore, the Board denied the claim for service connection for these conditions.

The Board has determined that the veteran's headaches and sinusitis were incurred in service, warranting service connection for these conditions.

The veteran's service connection claims for various conditions are granted, with the exception of a gynecological disorder.

The Board found that the veteran's claimed conditions were not incurred or aggravated by his active duty service and denied all claims.

The Board has determined that additional development is needed to address the veteran's service connection and rating claims, including consideration of recent changes in VA regulations.

The veteran is granted service connection for allergic rhinitis and a rating of 20% for degenerative joint disease of the cervical spine with bilateral upper extremity radiculopathy. The claim for sinusitis remains pending.

The Board has denied the veteran's claims for increased evaluations for his service-connected coronary artery disease, diabetes mellitus, irritable bowel syndrome, and sinusitis.

The Board denied service connection for a skin disorder, kidney disorder, and sinusitis due to Agent Orange exposure. The veteran was not shown to have sarcoma of the back of the mouth or peptic ulcer disease secondary to PTSD.

The Board granted the veteran's claims for increased evaluations for his low back disability and left ear tinnitus, as well as service connection for bilateral hearing loss, maxillary sinusitis, and migraine headaches. The claim for a right ankle disability was denied, as were those for a left ankle disability, and a bilateral knee disability.

The veteran's appeal is being remanded for additional development of her claims, including obtaining medical records and arranging for VA examinations to assess the severity of her bilateral pes planus, low back disability, sinusitis, and right hip disorder.

The Board has remanded the case due to incomplete records and a need for further medical examination.

The Board found that the veteran's fungal infection, sinusitis, and GERD do not warrant a compensable disability rating under the applicable VA rating criteria.

The veteran's appeal is remanded due to incomplete development and the need for further compliance with VCAA requirements. The issues of entitlement to a disability rating in excess of 30 percent for sinusitis with pharyngitis and tonsillitis, and an earlier effective date are still pending.

The Board has remanded the veteran's claims for service connection due to insufficient evidence. The initial disability evaluations for GERD, plantar fasciitis of the left foot, and right foot are maintained at 10 percent.

The veteran's appeal is being remanded to the RO for further development due to inadequate examination reports and incomplete records.

The Board found that the veteran's bronchitis was not incurred in or aggravated by active service and denied his claim for service connection. The increased evaluation for hiatal hernia was also denied, as the symptoms did not meet the criteria for a higher rating under Diagnostic Code 7346. The compensable evaluation for sinusitis was also denied.

The Board denied the veteran's claim of CUE in a December 2001 rating decision that denied service connection for sinusitis, finding no evidence linking current sinusitis to service.

The Board has determined that the veteran's sinusitis warrants a 10 percent evaluation, effective from June 15, 2001.

The Board denied the veteran's claims for service connection and initial ratings for his hearing loss, tinnitus, maxillary sinusitis, and deviated nasal septum. The appeals were dismissed as the veteran withdrew his appeal regarding prosthetic devices and services and housing assistance.