Sinusitis decisions — 2008

The veteran's service-connected disabilities do not meet the criteria for specially adapted housing or special home adaptation grant due to his inability to walk without assistance and the lack of structural adaptations needed in his home.

The veteran's claim for an increased rating for lumbosacral strain with scoliosis prior to July 8, 2003 is granted. The claim for an increased rating for sinusitis remains pending.

The Board has determined that the veteran's acquired psychiatric disorder, including PTSD, was not incurred as a result of active service. However, chronic sinusitis with headaches related to his service in Southwest Asia is considered incurred during service.

The Board has determined that the veteran's claims for service connection for hearing loss, tinnitus, sinusitis, residuals of a neck injury, and residuals of a skull injury are not supported by the evidence. The preponderance of the evidence does not show these conditions were incurred or aggravated during active military service.

The Board has granted service connection for chronic lumbar muscle strain, finding that the veteran initially manifested this condition during active service. The other issues of service connection are not addressed as they have been remanded.

The veteran is seeking an earlier effective date for his TDIU benefit, which was granted in April 2004. The Board finds that additional development is needed to determine the earliest date at which he became unemployable due to service-connected disabilities.

The veteran's asthma is currently rated at 30 percent, which does not meet the criteria for a higher evaluation. His maxillary sinusitis is also rated at 30 percent.,For TDIU, the combined disability rating of 50% from bronchial asthma and maxillary sinusitis postoperative meets the requirement.

The Board has determined that the veteran did not timely perfect an appeal as to his claims for service connection for headaches, chest pain, bilateral hearing loss, tinnitus, otitis media, labyrinthitis, and sinusitis. As a result, these issues are dismissed.

The Board has granted service connection for sleep apnea on the basis of aggravation, finding that it is more likely than not that the appellant's service-connected sinusitis and rhinitis have permanently worsened his underlying sleep apnea disorder.

The Board found that the veteran's COPD and chronic sinusitis are not related to her service, including exposure to asbestos. The claims for service connection were denied.

The Board has determined that additional development is needed to address the veteran's claims for service connection, including obtaining medical records and conducting an audiological examination.

The veteran withdrew her appeals for the issues of service connection for residuals of a laceration to the left middle finger, sinusitis, and an increased evaluation for headaches. The case is remanded for further development regarding the low back disorder.

The veteran's initial claims for increased evaluations and service connection were denied. The scar under the right eye was evaluated at 10 percent, as there are no characteristics of disfigurement or other criteria warranting a higher evaluation. The headaches claim is granted but not in excess of 10 percent. Service connection for the right hip disorder remains denied due to lack of new and material evidence.

The Board has found no evidence of a chronic sinus condition in service and denied the veteran's claim for service connection for sinusitis. The issues pertaining to lumbar radiculopathy, gastrointestinal disturbance, and anxiety disorder are REMANDED.

The Board found no evidence of a chronic bilateral knee disability, and denied service connection for multiple chemical sensitivity, gastrointestinal disorder, chest pain and shortness of breath, and sinus disability. The veteran's complaints were not linked to his service.

The VA determined that the veteran does not have a current diagnosis of sinusitis and therefore denied her claim for service connection.

The Board finds that the veteran's bilateral heel spurs and chronic sinusitis are unrelated to his military service, thus denying these claims.

The veteran's claims for increased ratings for chronic sinusitis and thoracolumbar degenerative joint disease are being remanded to the RO for further development, including obtaining updated medical records and arranging for VA examinations.

The Board has granted a 30 percent evaluation for the veteran's service-connected allergic rhinitis with sinusitis and headaches, finding that her disability more closely approximates the criteria for such an increased rating.

The veteran's appeal has been withdrawn, and the case is dismissed.