Sinusitis decisions — 2006

The Board has determined that the preponderance of evidence does not support a finding of service connection for sinusitis or urethritis.

The veteran's claims for increased ratings and initial evaluations in excess of 10 percent were denied. The Board found that the evidence did not meet the criteria for a higher rating under DC 7346 (hiatal hernia with gastroesophageal reflux disease) or DC 6513 (sinusitis).

The Board has denied the veteran's claims for an initial compensable rating for allergic rhinitis and service connection for pes planus, finding that there is no evidence of aggravation during service and that the pre-existing conditions did not increase in severity.

The veteran's chronic sinusitis with headaches was granted an increased rating to 30 percent effective June 27, 2003.

The Board has determined that service connection is not warranted for any of the conditions listed, as there is no competent evidence linking them to military service.

The Board has granted a 30 percent rating for the veteran's service-connected chronic sinusitis, effective from the date of his initial claim in June 1994.

The Board has granted restoration of service connection for sinusitis, gastroenteritis, vaginitis, and residuals of breast biopsies. The conditions were previously severed due to clear and unmistakable error in the original grant of service connection.

The veteran's service connection claim for chronic femoral neuropathy of the left leg is granted. However, his increased rating claim for allergic rhinitis remains denied.

The Board found that the veteran's sinusitis was not incurred in service and is not proximately due to, the result of, or aggravated by his service-connected left ear hearing loss.

The Board has found that the veteran's current right knee disorder is etiologically related to service, granting service connection for this condition.

The Board found that the veteran's combined disability rating of 60% does not meet the minimum percentage requirements for a TDIU under 38 C.F.R. § 4.16(a). However, even if the veteran's disabilities fail to meet the statutory requirements, this case may be referred for an extraschedular evaluation on the grounds that he is unable to secure and follow a substantially gainful occupation due to service-connected disabilities.

The Board has remanded the case due to a request for a personal hearing via video conference. The veteran's appeal is now pending with the RO.

The Board has determined that a VA examination is necessary for the veteran's claims of allergic rhinitis and gastrointestinal condition. The appeal will be remanded to allow for these examinations.

The VA determined that the veteran's sinusitis with headaches does not meet the criteria for a higher rating, as it did not result in more than six non-incapacitating episodes per year of sinusitis characterized by headaches, pain, and purulent discharge or crusting.

The veteran's left-sided mandibular nerve impairment, status post jaw surgeries is rated at 50 percent. The decreased sensation in the right corner of the mouth, lower lip, and chin is rated at 10 percent. The internal derangement of the right temporomandibular joint with decreased range of motion, bruxism, and malocclusion is rated at 20 percent.

The veteran's asthma was granted service connection, but his sinusitis claim for an increased rating was denied.

The Board has determined that the veteran's migraine headaches are not incurred in or aggravated by service, and thus denied his claim for service connection.

The Board found no current diagnosis of chronic disability related to seasonal allergies or allergic rhinitis, and thus denied service connection for these conditions.

The Board has denied the veteran's claim for service connection for a nasal disorder, finding that his current allergic rhinitis is not related to service.

The Board has remanded the case for additional development due to failure to report for VA examinations, rescheduling of hearing, and submission of new evidence. The veteran's right knee disability may be related to his service-connected left knee disability.