Sinusitis decisions — 2006

The Board found that the veteran does not have chronic bacterial rhinitis or Wegener's granulomatosis. The evidence did not support service connection for either condition.

The Board has determined that the veteran's claims for increased ratings and to reopen service connection claims are not clear enough, and thus remanded for further development.

The veteran's claims for service connection on four issues are being remanded due to incomplete examinations and the need for additional VA treatment records.

The Board has found that the veteran's low back disability was not incurred in or aggravated by service and arthritis may not be presumed to have been incurred therein. The chronic respiratory disability (sinusitis and rhinitis) claim is remanded for further development.

The Board found no evidence of a nexus between the veteran's current sinusitis and his service, as there was no documented sinus problems during or immediately after service. The VA examination indicated that it is possible but not certain that the veteran's sinusitis may be related to his military service.

The veteran's service-connected migraine headaches, effective October 4, 2000, resulted in a combined disability rating of 80 percent. The RO determined that the veteran was unable to secure or follow a substantially gainful occupation due to his service-connected disabilities, effective October 4, 2000.

The Board has determined that the veteran's chronic maxillary sinusitis warrants a 10 percent rating, but not higher. The symptoms are consistent with a compensable rating.

The veteran's appeal is being remanded for additional development to address his service connection claims and increased rating claim.

The veteran's service-connected maxillary sinusitis does not result in three or more incapacitating episodes per year, or more than six non-incapacitating episodes per year. Therefore, the disability rating of 10 percent is denied.

The veteran's claims for increased evaluations of sinusitis, umbilical hernia, and service connection for gout were denied. The evidence did not meet the criteria for a compensable evaluation in any of these cases.

The Board has remanded the veteran's claims due to conflicting diagnoses and inadequate evidence regarding the onset of his claimed conditions during service.

The Board has remanded the veteran's claim for an increased rating for sinusitis with residuals of a nose injury due to insufficient evidence and need for further examination.

The veteran's claims for increased ratings for seasonal allergic rhinitis and sinusitis were denied as the evidence did not show that her conditions warranted a higher rating.

The VA determined that the veteran's sinusitis does not warrant a rating higher than 30 percent, as he experienced no more than six non-incapacitating episodes of sinusitis per year.

The Board found that the veteran's claimed conditions, including bilateral hearing loss, tinnitus, headaches, sinusitis, and respiratory disability, were not incurred or aggravated by service. The VA examiners concluded that these conditions are not related to his military noise exposure.

The Board found that the veteran's death was due to lung cancer, which is presumed to be related to his tobacco use. The RO initially granted service connection for the cause of the veteran's death based on nicotine dependence but later severed this award as it was determined that claims filed after June 8, 1998, are precluded by law.

The Board denied the veteran's claims for increased evaluations for ankylosing spondylitis of the lumbar spine, hypertension, and sinusitis. The low back disability was rated as 40 percent disabling since service connection was established. Hypertension is well controlled with medication but does not meet criteria for a compensable evaluation. Sinusitis symptoms do not meet criteria for a compensable evaluation.

The Board has determined that the veteran does not have sinusitis, conjunctivitis, or emphysema related to mustard gas exposure during service. The evidence does not support a finding of such conditions.

The Board found that the veteran does not currently have rheumatoid arthritis, sinusitis, or a skin disorder. Therefore, service connection for these conditions is denied.

The Board has remanded the case for additional development, including obtaining VA treatment records and arranging for appropriate examinations. The claims will be reconsidered with consideration of all evidence.