Sinusitis decisions — 2008

The Board denied service connection for a sleep disorder, irritable bowel syndrome, an immune disorder, fibromyalgia, mold allergies, and chronic sinusitis as there was no evidence to link these conditions to the veteran's military service or any incidents therein.

The veteran's claims for increased ratings for lumbosacral spine disorder, cervical spine disorder, allergic rhinitis and sinusitis, and bilateral hearing loss were denied as the evidence did not support higher ratings.

The Board found that the veteran's bilateral sensorineural hearing loss had improved, and a 0 percent rating was appropriate. The claim for restoration of the 30 percent rating was denied.

The appeal is remanded to the RO for further development and adjudication of the issues on appeal.

The veteran's allergic rhinitis does not meet the criteria for a compensable evaluation under the applicable diagnostic code.

The veteran's chronic sinusitis is shown to manifest as more than six non-incapacitating episodes per year of sinusitis characterized by headaches, pain, and purulent discharge or crusting. The veteran's coronary artery disease status post coronary artery bypass graft was not manifested during service or within one year of separation from service, and any currently diagnosed coronary artery disease status post coronary artery bypass graft is not shown to be causally or etiologically related to service.

The veteran's claims for service connection and increased ratings are being remanded to obtain additional evidence.

The Board found that the veteran's preexisting left ear hearing loss did not increase in severity during service, and there was no evidence of a current disability related to right ear hearing loss. The claims for sinusitis and low back pain were reopened based on new and material evidence.

The veteran was not entitled to a rating higher than 10 percent for sinusitis prior to February 7, 1995, and the veteran was not entitled to a rating in excess of 30 percent from February 8, 1995 to June 11, 2004.

The Board denied the veteran's claim for an earlier effective date for a 30 percent rating for allergic rhinitis and sinusitis, finding that no increase in disability occurred prior to October 5, 2001.

The Board has remanded the claims for a higher rating for the right eye disability, service connection for rhinosinusitis and headaches, both claimed as secondary to service-connected disabilities, due to incomplete medical records and need for further examination.

The appeal for service connection for allergic rhinitis was denied as the evidence did not support a finding that the condition was incurred in or aggravated by active service.

The veteran's service-connected migraine headaches are rated at 30 percent prior to February 6, 2006, and increased to 50 percent from that date. The combined disability evaluation is 81 percent as of February 6, 2006. A VA examination should be conducted to evaluate the effect of all service-connected disabilities on employment and daily life.

The veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling a VA examination. The issues of higher initial evaluations for various service-connected conditions are also pending.

The Board has granted a 30 percent rating for chronic sinusitis effective from October 25, 2004. The veteran's hypertension is rated at 10 percent.

The veteran's fibromyalgia is currently rated at 20 percent, the maximum schedular rating.,The veteran's sinusitis with chronic rhinitis is currently rated at 50 percent, the maximum schedular rating.

The Board has determined that the veteran's current symptoms, including mild sinus changes and a small step deformity of the right inferior orbital rim from an inservice facial fracture, are related to his service. As such, the claim for residuals of a facial fracture is granted.

The Board has denied the veteran's claims for service connection for bilateral hearing loss, tinnitus, asbestosis, chronic sinusitis, and a low back disorder due to lack of evidence linking these conditions to his military service.

The Board has determined that the veteran is entitled to NSC pension effective October 4, 2004, based on his total disability due to multiple service-connected disabilities. The effective date was granted as it is the earliest possible date when the record showed the criteria for NSC pension were met.

The veteran's claims for increased ratings were denied as the evidence did not show one or two incapacitating episodes per year of sinusitis requiring prolonged antibiotic treatment, or three to six non-incapacitating episodes per year of sinusitis characterized by headaches, pain and purulent discharge or crusting.