Sinusitis decisions — 2006

Service connection for migraines and stomach disorder (claimed as gastritis and spastic colon) was denied.,Service connection for left ear hearing loss, right ankle fracture residuals, pes planus, thoracic spine disorder, kidney stones, sinusitis/rhinitis/allergies, benign prostatic hypertrophy (BPH), skin tumors (presumed due to herbicide exposure), arteriosclerotic heart disease (ASHD), and sleep apnea was denied.,Service connection for right ankle fracture residuals was granted.

The Board found that the veteran's vasomotor rhinitis, if any, is not related to a disease or injury in service and denied his claim for service connection.

The Board has denied the veteran's claims for service connection for various conditions, including hearing loss and degenerative joint disease of the shoulders, knees, and feet. The adjustment disorder with depressed mood claim was also denied.

The Board has remanded the case for additional development due to VCAA compliance issues.

The Board has determined that the veteran's postoperative residuals of an ethmoid mass, with a history of sinusitis and allergic rhinitis, warrants a 10 percent evaluation from July 2, 1992 to August 8, 2005. Effective August 9, 2005, the veteran is entitled to a 30 percent evaluation.

The Board denied an increased evaluation for the veteran's service-connected deviated nasal septum, status post nasal fracture with sinusitis and allergic rhinitis, status post septorhinoplasty, as his claim was not substantiated by evidence of worsening.

The Board denied the veteran's claims for service connection due to a final rating decision from November 10, 1947. The veteran argued that there was clear and unmistakable error in this decision, but the Board found no such error.

The veteran's claims for higher ratings for allergic rhinitis, cataracts, and bilateral hearing loss were denied. Service connection for residuals of surgery to reverse a vasectomy was not warranted.

The Board denied the veteran's claims for increased evaluations for his service-connected chronic rhinitis with a history of maxillary sinusitis and post traumatic arthritis of the left wrist, finding that the evidence did not warrant an increase in these ratings. The claim for reopening the schizophrenia issue was also denied as no new and material evidence had been submitted.

The Board found that the veteran's sinusitis, hemorrhoids, essential hypertension and pulmonary hypertension were not incurred in or aggravated by service.,The Board also denied the claim for an earlier effective date for VA pension benefits.

The Board has granted service connection for pancreatitis, finding it likely related to exposure to oil fires during service. Service connection was denied for sinusitis and esophagitis.

The case is REMANDED for the following actions: (1) Request the veteran to report the entire period since his retirement from service during which he has received VA medical treatment and the location of that treatment, and also any other medical treatment he has received since military retirement for any of the conditions for which he seeks service connection. (2) Schedule the veteran for VA examination to document his current hearing acuity and for the examiner to provide an opinion of the time of onset of hearing impairment and whether it is less than, equal to, or greater than 50 percent probable that current hearing impairment results from acoustic trauma in service or any other incident of service. (3) If and only if additional medical records are obtained, consider whether the veteran is entitled to additional VA examinations as provided in 38 C.F.R. § 3.159(c)(4), and schedule any indicated examinations.

The Board has determined that the veteran's sinusitis does not meet the criteria for a rating in excess of 30 percent, as there is no evidence of chronic osteomyelitis or near constant sinusitis with symptoms such as headaches, pain, and purulent discharge after repeated surgeries.

The VA has denied the veteran's claims for initial compensable ratings for allergic rhinitis and residuals of a nasal fracture with deviated septum.

The Board has determined that the veteran's sinusitis does not meet or nearly approximate the criteria for a rating in excess of 10 percent under Diagnostic Code 6513, and therefore denied his claim for an increased evaluation.

The Board has remanded the case for additional development, including verifying the veteran's in-service personal assault and obtaining her service medical records. The veteran is also to be provided a VA examination to determine if her current PTSD diagnosis is related to an in-service stressor.

The Board denied the veteran's claims for service connection for multiple joint arthralgias, bilateral hip disability, bilateral knee disability, low back disability, chronic fatigue syndrome (CFS), allergic rhinitis, and urinary tract infection (UTI) due to a lack of evidence linking these conditions to his military service.

The Board denied the veteran's claims for service connection for residuals of shell fragment wounds to the face and left leg, as well as sinusitis claimed as secondary to a shell fragment wound to the face. The evidence did not support the presence of these conditions.

The Board has granted service connection for a lumbar spine disorder and chronic vasomotor rhinitis, finding that the evidence is in relative equipoise as to whether these conditions were incurred during active military service.

The veteran's appeal is remanded for additional development to determine the frequency and duration of incapacitating episodes requiring prolonged antibiotic treatment, as well as non-incapacitating episodes characterized by headaches, pain, and purulent discharge or crusting.