Sinusitis decisions — 2006

The Board found that the veteran's sinusitis was not incurred in or aggravated by his active duty service and denied his claim.

The Board denied the appellant's claims for increased ratings for chronic sinusitis, lumbosacral strain, bilateral wrist fractures, pes planus, and TDIU due to service-connected disabilities. The claim for compensation under 38 U.S.C.A. § 1151 was also denied.

The Board finds that the veteran's chronic pansinusitis does not meet or nearly approximate the criteria for a rating in excess of 30 percent.

The Board has determined that the appellant's service connection claims for bilateral hearing loss, tinnitus, bronchial asthma, allergic rhinitis, residuals of pneumonia, and PTSD are denied. The claim for allergic rhinitis is granted based on aggravation of a pre-existing condition.

The Board has granted service connection and assigned a 10% evaluation for migraine headaches, effective August 18, 2002. The veteran's bilateral plantar fasciitis is rated as noncompensable, while allergic rhinitis is also rated as noncompensable.

The Board denied the veteran's claims for service connection for a left shoulder disability and an initial compensable evaluation for cervical spine spondylosis with degenerative disc disease. The veteran was granted a 10 percent rating for his cervical spine condition, but not above that level.

The veteran's service-connected disabilities do not preclude all forms of substantially gainful employment consistent with his educational background and occupational experience.

The Board found that the veteran's service-connected plantar fasciitis and sinusitis do not warrant a compensable rating based on their current manifestations.

The Board has determined that the veteran's allergic rhinitis originated during her active duty, and therefore grants service connection for this condition.

The VA determined that the veteran's sinusitis does not meet the criteria for a compensable evaluation under the applicable rating criteria.

The Board has determined that the veteran is not entitled to a compensable rating for bilateral hearing loss, sinusitis, or onychomycosis. The claim for service connection for organic heart disease with myocardial infarction and gout was denied as there is no competent evidence of current disabilities related to service. Service connection for a mental disorder was also denied due to lack of competent evidence.

The veteran's low back disability is rated at 40 percent, his right ankle fracture at 10 percent, and gastritis, dermatitis, and sinusitis are all rated as noncompensably disabling. The RO denied the TDIU rating on appeal.

The Board has determined that the veteran does not have current residuals of STD or chronic sinusitis related to service. The examiner found no evidence of a pre-existing nasal septal surgery and concluded that any post-nasal drip is unrelated to service.

The veteran's service connection claims for sinusitis with headaches, right knee disability, and left knee disability are denied. The Board finds that the veteran currently has a diagnosis of patellofemoral syndrome of the right knee but no current diagnoses for sinusitis or left knee disabilities.

The Board has determined that the veteran does not have a disability manifested by chest pain related to a heart disorder, and therefore service connection for this condition is denied. The claim of service connection for sinusitis remains pending.

The veteran's appeal is being remanded due to the submission of additional evidence without a waiver and because it is inextricably intertwined with his claim for increase for sinusitis. The earlier effective date for total rating based on individual unemployability will be held in abeyance until the claims are fully adjudicated.

The Board has determined that the veteran's service-connected migraine headaches and sinusitis do not warrant a disability evaluation in excess of 10 percent.

The Board has determined that the veteran's chronic sinusitis does not meet the criteria for a compensable evaluation, as it is manifested by less than two episodes of sinusitis per year requiring less than four weeks of antibiotic treatment.

The veteran withdrew her appeal before a decision could be made, resulting in the dismissal of the case.

The Board denied the veteran's claims for service connection for hypertension, arthritis, and sinusitis as there was no evidence of these conditions in service or within one year post-service discharge. The Board found that any relationship to service was speculative.