Sinusitis decisions — 2008

The veteran's appeal is being remanded due to the need for a hearing before a member of the Board of Veterans' Appeals.

The veteran's service-connected disabilities do not meet the criteria for special monthly compensation based on need for aid and attendance or housebound status.

The Board denied service connection for a left shoulder disability, low back disability, and GERD. The veteran's claims were not supported by competent evidence showing these conditions are related to his military service.

The VA denied the veteran's claim for service connection for sinusitis, finding no current evidence of diagnosed sinusitis and concluding that her assertions were not supported by clinical evidence.

The veteran's chronic sinusitis is currently rated at 30 percent, and the Board has granted a 50 percent rating for the entire period of this appeal.

The Board has granted an initial 30 percent rating for the veteran's service-connected sinusitis, effective April 1, 2004.

The Board has granted service connection for sinusitis with headaches and blurred vision disability, but denied service connection for lung condition, fibromyalgia, low back disorder, bilateral hearing loss, and tinnitus. The decision is based on the reopening of claims due to new evidence provided by the veteran.

The veteran withdrew his appeal for the claims of hypertension, sinusitis, breathing problems, and diabetes mellitus type II on record before the Board could make a decision.

The veteran's pharyngitis is rated as 10 percent disabling, and his sinus injury claim under 38 U.S.C.A. § 1151 was denied due to lack of additional disability resulting from VA care.

The Board has determined that service connection is not warranted for the claimed disabilities, including bilateral ankle and elbow disabilities. The veteran's complaints of pain have not been supported by clinical findings or diagnoses.

The Board has determined that the veteran's substantive appeal was not timely filed with respect to his claims for service connection for breathing problems, chronic fatigue syndrome, dermatitis and follicular occlusion syndrome of the neck, back and belt line, joint pain including neck, back, and legs, muscle aches, allergy to chemicals, incontinence, and chronic sinusitis. As such, these issues are dismissed.

The veteran's anxiety and depression are rated at 30 percent, which is the maximum available rating under Diagnostic Code 9400.,Migraines have been rated at 10 percent since August 27, 2007, and 30 percent thereafter. The current rating adequately reflects the severity of this condition.

The Board has determined that service connection is not warranted for any of the claimed disabilities.

The Board denied the veteran's petitions to reopen his service connection claims for various conditions, finding that new and material evidence had not been submitted.

The Board has determined that the veteran is entitled to a separate 10 percent disability rating for rhinosinusitis, due to reactive airway disease.

The Board dismissed the veteran's appeal for a rating in excess of 10 percent for sinusitis due to his failure to respond to requests for evidence within one year.

VA determined that the veteran's Hepatitis C did not develop in or is otherwise related to his military service. For chronic conjunctivitis, chronic sinusitis, pterygium of the right eye, and a right calf growth, VA found that there was no evidence showing these conditions were caused by or worsened during service.

The veteran's claims for increased evaluations of various service-connected disabilities were denied by the Board. The appeals are not about service connection, but rather about the appropriate disability ratings.

The Board has determined that additional development is needed to fully and fairly consider the veteran's claims, including obtaining medical opinions regarding the etiology of his right eye disorder, sinusitis, and gastroenteritis.

The Board has remanded the case for additional development due to missing VA treatment records and incomplete medical opinions.