Sinusitis decisions — 2007

The veteran's appeal was dismissed because she did not file a timely substantive appeal regarding the August 2002 rating reduction decision.

The case is being remanded for a Travel Board hearing and further development of the claim for service connection for depression. Other issues are also being remanded.

The Board denied the veteran's claims for service connection for chronic sinusitis and initial disability ratings for degenerative spondylosis of the cervical spine at C5-6, migraine headaches, and residuals of a right thigh injury. The veteran's cervical spine disability is rated 20 percent disabling under DC 5290.

The veteran's appeal includes claims for increased ratings for his service-connected coronary artery disease and fractures, as well as service connection for sinusitis and acid reflux disease. The case is being remanded to the RO for additional development including a secondary service connection claim for acid reflux disease.

The veteran's service connection claims for residuals of a fractured right ring finger, sinusitis, and gastroesophageal reflux disease (GERD) have been granted with respective 10% ratings. Other service connection claims remain unresolved.

The veteran's claims of increased ratings and service connection were denied. His residuals of nasal fracture are not entitled to a compensable evaluation, and his sinusitis is currently evaluated at the maximum allowable under VA regulations.

The Board has remanded the veteran's claims of service connection for sinusitis with nasal polyps and asthma due to insufficient evidence regarding their etiology. The case is returned to the RO for further action, including a VA examination.

The veteran's sinusitis has been rated as 30 percent disabling, resolving all reasonable doubt in her favor. The right ankle and back disabilities have not yet been addressed due to the need for further development.

The veteran's service records do not show any diagnosed respiratory, knee, ankle, arthritis, urinary tract infection, low back strain, eye condition, migraine headaches, or stomach conditions. The VA examinations and treatment records also did not provide evidence of these conditions during the appeal period. As such, the claims for service connection are denied.

The veteran's claims for service connection for tinea pedis and sinusitis with allergic rhinitis were denied as there was no evidence of a current disability or a disease in service that could be linked to these conditions.

The Board has remanded the case for additional development, including sending notice of the VCAA and obtaining medical records. The veteran's claims for an earlier effective date for fibromyalgia, a compensable rating for IBS, and a rating for maxillary sinusitis are pending.

The veteran's respiratory disability has been rated as 10 percent disabling since September 29, 2000. The RO found that the veteran did not meet the criteria for a higher initial evaluation under any applicable diagnostic codes.

The Board denied service connection for arthritis of the left hand, a disability of the feet, headaches, and sinusitis as there was no evidence of these conditions in service or within one year post-service.,There is no indication that any of the disabilities were incurred during active duty.

The veteran's appeal involves multiple service connection claims for various conditions, as well as reopening of several previously denied claims. The case is being remanded to the RO for additional development and consideration.

The Board has denied the veteran's claims for service connection for sinusitis, PTSD, narcolepsy, arthritis of the bilateral shoulders, and residuals of a shrapnel injury to the neck. The remaining claim for numbness and tingling of the bilateral arms, hands, and fingers (as secondary to residuals of a shrapnel injury to the neck) is remanded.

The Board has remanded the case due to missing service medical records and requests for additional development.

The Board denied a compensable rating for recurrent sinusitis, finding no episodes of incapacitating or non-incapacitating sinusitis that would warrant a higher rating.

The Board has granted service connection for a chronic headache disorder and found that the veteran's current sinusitis/allergies, positive TB test, fibroadenoma of the left breast (claimed as breast biopsy), high blood pressure, and other conditions are not related to her military service.

The Board has reopened the veteran's claim for service connection for residuals of a nose injury, claimed as chronic sinusitis and rhinitis, based on new evidence submitted since the final denial in December 1999. The case is now remanded for further development.

The Board found that the veteran's chronic sinusitis did not meet or approximate the criteria for a disability rating greater than 10 percent, as there were no more than two incapacitating episodes requiring antibiotic treatment per year.