Sinusitis decisions — 2006

The veteran's service-connected allergic rhinitis is manifested by subjective complaints of sneezing, headaches, non-incapacitating sinusitis, coughing, and hoarseness for several months each year. The need for continuous use of medications but only occasional episodes of upper respiratory tract infection have been objectively confirmed during the initial evaluation period.

The Board found that the veteran's chronic rhinitis/sinusitis does not warrant a rating higher than 10 percent, as there was no evidence of polyps or incapacitating episodes requiring prolonged antibiotic treatment. The deviated nasal septum was diagnosed but not confirmed by CT scan.

The veteran's sinusitis with pharyngitis and tonsillitis did not meet the criteria for a compensable evaluation during any of the specified periods.

The veteran's appeal is being remanded for scheduling a hearing before a Veterans Law Judge at the RO.

The veteran withdrew his appeal for a compensable initial evaluation for a service-connected seasonal allergic rhinitis disorder. The remaining issues of increased evaluations for costochondritis, right knee patellofemoral pain syndrome, left knee patellofemoral pain syndrome, and gastroesophageal reflux disease are pending.

The Board found that the veteran's sinusitis diagnosed in service was not chronic and continuous following his separation from active duty. The post-service medical records do not show any treatment for sinusitis until 1997, when a squamous papilloma developed causing recurrent sinusitis requiring surgical removal. The current sinusitis is considered secondary to previous surgeries.

The Board has determined that the veteran does not have a current disability of his left shoulder or sinusitis, and thus cannot establish service connection for these conditions. The right shoulder disorder is also denied as there is no evidence of chronic disability during service.

The Board denied the veteran's claims for service connection for tendonitis of the left hand, generalized arthritis (claimed as arthritis of the entire body and chronic joint pain due to radiation exposure and cold weather exposure), tinnitus, bilateral hearing loss, sinusitis/allergic rhinitis, adjustment disorder with anxiety, depressed mood, insomnia, and side effects from medications. The Board found no evidence linking these conditions to service or any specific exposure.

The Board denied a rating in excess of 10 percent for allergic rhinitis with the residuals of an ethmoid fracture, finding that prior to March 3, 1999, the veteran had no more than moderate crusting and ozena. As of March 3, 1999, he did not manifest more than mild rhinitis without atrophic changes or polyps.

The veteran's claims for service connection for allergic rhinitis, sexual dysfunction, frequent urination, skin rashes, and insomnia and memory loss have been denied. The Board found no evidence of a current disability in any of these conditions.

The Board denied the veteran's claims for increased evaluations for his service-connected conditions, including hypertensive arteriosclerotic heart disease, degenerative joint disease of the lumbosacral spine, arthritis of the right shoulder, maxillary sinusitis, and right inguinal hernia. The assigned disability ratings were not higher than what was currently in effect.

The Board has remanded the veteran's claims due to issues related to reopening service connection for various conditions, including hearing loss and cerebrovascular accident. The case must be reviewed de novo.

The veteran's service-connected allergic rhinitis is not presumed to have been incurred due to Agent Orange exposure. The veteran was granted a non-compensable rating for bilateral hearing loss and a 20% rating for chronic mechanical low back pain secondary to degenerative disc disease of the lumbosacral spine.

The veteran requested the withdrawal of all pending issues before the Board due to his request for a withdrawal.

The Board has denied the veteran's claims for service connection for diabetes mellitus, sinusitis, and residuals of a nose injury due to lack of current disabilities.

The veteran's claims for service connection are being remanded due to the need for additional development, including examinations and opinions regarding her thyroid condition, skin conditions, bilateral eye conditions, headaches, and allergic rhinitis.

The Board has granted a 10 percent rating for allergic rhinitis, effective from the date of the April 2005 VA examination. Service connection for bronchitis and asthma is also granted.

The Board denied a higher (compensable) initial disability rating for sinusitis and denied service connection for hearing loss. The veteran's sinusitis was rated as noncompensable, while his hearing loss claim is remanded to the RO.

The Board has granted a 30 percent rating for the veteran's chronic sinusitis with headaches and rhinitis, which is the maximum allowable under the applicable criteria.

The veteran's service-connected pansinusitis and laryngitis were evaluated as noncompensable under the applicable VA rating criteria. The Board found that the evidence did not meet the criteria for a compensable disability rating in either case.