Sinusitis decisions — 2008

The veteran withdrew his appeal for initial evaluation of the service-connected sinusitis, and the Board has no jurisdiction to adjudicate this claim.

The veteran withdrew his appeals for service connection for hypertension, allergic rhinitis, Raynaud's syndrome, a bladder disorder, a urinary tract disorder, impotency, residuals of a cold injury, depression, PTSD, and an acquired mental disorder other than depression and PTSD. The claims for service connection for a skin disorder of the feet, arms, and legs, and rosacea were denied as there is no evidence linking these conditions to his military service or herbicide exposure.

The Board denied service connection for sinusitis and a right thumb disorder, as well as an increased rating for actinic keratoses and basal cell carcinoma.

The appeal is remanded for further development of the record and to provide additional VCAA notice.

The veteran's claim for an increased rating for sinusitis with headaches was granted, allowing a 30 percent rating effective November 16, 2004. The claims for higher ratings for lumbosacral paraspinous strain and DDD of the cervical spine were denied.

The Board denied service connection for sinusitis, residuals of penile surgery, hemorrhoids, a low back disorder, and headaches as the evidence did not establish a link to the veteran's military service.

The veteran's claims for service connection for sinus bradycardia and hypertension were denied, as there was no evidence of current disabilities. The initial ratings for sinusitis, recurrent headaches, chronic strain of the lumbosacral spine, status post right knee menisectomy, and degenerative joint disease of the right knee were also denied.

The veteran's claim for an effective date prior to August 2003 for the grant of service connection for PTSD is granted, based on a Notice of Disagreement filed in August 2003.

The Board granted a 30% rating for chronic sinusitis, effective January 1, 2004. The lumbar strain was not found to warrant an increased rating.

The appeal was dismissed due to the death of the veteran.

The appeal is remanded for additional development, including obtaining medical records and providing the appellant with a VCAA notice letter.

The veteran did not file a timely substantive appeal with respect to the February 2005 rating decision, and therefore the Board has no jurisdiction to consider his claims.

The veteran's service-connected eczema and pseudofolliculitis barbae are rated at 10 percent, which is the maximum rating available under the applicable criteria. The claims for service connection for gastroesophageal reflux disease (GERD) and sinusitis and pharyngitis were denied as there was no current medical diagnosis of these conditions.

The veteran's claims for service connection for sinusitis and an increased rating for anxiety disorder with agoraphobia and depressive symptoms are remanded for further development.

The veteran's service connection for PTSD was denied, while service connection for migraine headaches was granted. The rating and effective date were not specified for the other conditions.

The veteran's GERD was service-connected, and she received a 10 percent rating for chronic allergic rhinitis starting from December 5, 2006. The other claims were denied or did not result in an increased rating.

The veteran's claim for service connection for sinusitis is being remanded to the RO via the Appeals Management Center (AMC) in Washington, DC. The issue of entitlement to a disability rating greater than 30% for post-traumatic stress disorder has not been addressed and requires an SOC.

The veteran's allergic rhinitis does not warrant a compensable rating, and there is no evidence of a disability resulting from the removal of the great toenail of each foot.

The appeal is remanded to obtain a medical examination and opinion regarding the veteran's claim for service connection for sinusitis.

The Board denied the veteran's claims for service connection for sinusitis and anxiety disorder, both claimed as secondary to his service-connected ear disabilities.