Sinusitis decisions — 2008

The Board found that the veteran's claimed conditions of sinusitis, rhinitis, pharyngitis, and glomerulonephritis were not incurred or aggravated by service. The preponderance of evidence is against her claim.

The veteran is seeking a higher evaluation for his service-connected chronic maxillary and ethmoid sinusitis, which was initially granted in May 2004 with a noncompensable rating. The RO has been instructed to obtain the veteran's treatment records from Dr. Mauro in Absecon, New Jersey, and then readjudicate the issue of entitlement to a higher rating for his service-connected sinusitis.

The Board has determined that the evidence does not support restoration of a 60 percent rating for reactive airway disease, and thus remanded the case to the RO for further action.

The Board denied the veteran's claim for service connection for post-traumatic stress disorder (PTSD) due to lack of a current diagnosis and because the VA physician stated that the veteran did not have PTSD.

The veteran's claim for payment or reimbursement of unauthorized medical services provided by Altru Hospital on December 19, 2003 and December 28, 2003 is granted as the treatment was for a service-connected disability (obstructive sleep apnea and chronic sinusitis), there was an emergency situation, and VA facilities were not feasibly available.

The veteran's claims for PTSD, onychomycosis of toenails, sinusitis, and pain and stiffness in joints with swelling and cramps involving the left lower extremity were all denied. The appeal is not about service connection at all.

The Board has determined that the veteran's claims for service connection for sinusitis, asthma, gastroesophageal reflux disease (GERD), chronic headaches, and a disability manifested by upper respiratory infections are denied as there is no competent evidence to show these conditions may be associated with an event, injury, or disease in service.

The Board denied service connection for sinusitis with headaches, finding no evidence of a nexus to service. The evaluation of COPD remains pending.

The veteran's sinusitis with headaches is currently rated at 30 percent, but the evidence does not support a higher rating due to lack of incapacitating episodes or chronic osteomyelitis.,The veteran's residuals of a left ankle injury are currently rated at 20 percent and do not meet the criteria for an increased rating as there is no evidence of surgery with chronic osteomyelitis.

The Board restored the veteran's 30 percent rating for sinusitis/allergic rhinitis, effective February 1 to December 5, 2006.

The Board finds that the preponderance of evidence is against the veteran's claims for service connection for rheumatic fever, heart disability, arthritis of the lumbar spine, peptic ulcer disease, adenocarcinoma of the stomach, hypertension, rhinitis, and sinusitis with headaches. The veteran did not have a diagnosis of rheumatic fever during or after his military service.

The veteran's service-connected right knee and bilateral foot conditions are currently rated appropriately, with no evidence of new or material evidence to reopen the claims. The veteran's sinusitis is not manifested by incapacitating episodes per year or more than six non-incapacitating episodes per year.

The Board denied the veteran's claims for increased ratings for sarcoidosis, maxillary sinusitis, and a skin condition due to insufficient evidence showing incapacitating episodes or systemic therapy.

The Board found that the veteran's maxillary sinusitis with allergic rhinitis did not meet the criteria for a higher disability rating, as there was no objective pathology and no evidence of incapacitating episodes or nasal polyps.

The Board has reopened the claim of service connection for a low back disability and granted service connection. The claims for COPD, dental disability, headaches, sinusitis, and rhinitis were denied.

The veteran's claims for tuberculosis and increased tinnitus have been withdrawn. Service connection for sinusitis is not established, while diabetes mellitus and peripheral neuropathy of both legs are each rated at 20 percent.

The Board denied service connection for asthma and sinusitis as the appellant did not have a diagnosed disability during or within one year after service, and there was no evidence of aggravation.

The Board denied service connection for sinusitis and left knee disability, but granted service connection for the right foot disorder. The veteran's claim of secondary service connection for his right foot disorder remains pending.

The Board found that sinusitis was not incurred in or aggravated by the veteran's period of active duty and denied service connection for this condition.

The Board has granted service connection for right ankle instability with non-displaced fracture of the medial malleolus and postoperative sinusitis. The veteran is currently rated at 20% for his GERD.