Sinusitis decisions — 2009

The Veteran's respiratory disorders, including allergic rhinitis and asthma, are not shown to have been incurred or aggravated by service. His fibromyalgia is not related to his service. The psychiatric disability claim is pending.

The Veteran's chronic sinusitis is found to be related to his active service.

The Board has granted service connection for hypertension, chronic sinusitis, and sleep apnea as secondary to sinusitis. The Veteran's pre-existing conditions were not aggravated by service.

The Veteran's sinusitis is currently rated at 30 percent, the highest available rating under the General Rating Formula for Sinusitis. The Board found that he satisfied the criteria for a 30 percent evaluation based on more than six non-incapacitating episodes of sinusitis per year characterized by headaches, pain, and purulent discharge or crusting.

The Veteran's claims for increased ratings and service connection were denied. The left radius disability is rated at 10 percent, the acquired psychiatric disorder was not incurred in service or due to a presumptive condition, sinusitis with septal deformity was not related to service, back and neck spasms and seizures with facial numbness are not related to service, double hernia with stomach muscles deformity were not related to service, and asbestos-related disease and bilateral shoulder disability were also denied.

The appellant seeks service connection for low back pain, disability of the parotid gland, allergic rhinitis, and a disability of the chest. The VA is remanding the case to obtain medical examinations and opinions regarding these claims.

The Board found that the Veteran's new evidence did not relate to an unestablished fact necessary to substantiate his service connection claims for a psychiatric disorder, including dysthymic disorder, and allergic rhinitis.

The Veteran's claim for a total disability rating based on individual unemployability from November 2000 to August 2001 is granted as he meets the schedular criteria and there is probative evidence of his unemployability due to service-connected disabilities.

The Board found that the Veteran did not have current symptoms resulting from an in-service head injury and denied her claim for service connection.

The Board is remanding the case to determine if the Veteran's service-connected pansinusitis with bilateral nasal polyps contributed substantially or materially to his death, which was caused by respiratory failure due to chronic obstructive lung disease and pneumonia.

The Veteran's claims for service connection for hearing loss and reopening a claim of chronic upper respiratory infection (sinusitis) are being remanded due to the need for additional development.

The Veteran's service-connected anxiety disorder with agoraphobia and depressive symptoms is currently rated at 50 percent, effective September 6, 2008. The evidence shows that the Veteran experienced moderate impairment in social and occupational functioning prior to this date.

The Board found that the Veteran's allergic rhinitis was not incurred in service and denied his claim. The right elbow tendonitis issue is remanded for further development.

The Veteran's claims for service connection for a low back disability and right hip disability were denied. The claim for an initial increased rating for allergic rhinitis was granted with a 30% evaluation effective May 7, 2007.

The Veteran's claim of entitlement to service connection for sinusitis was previously denied in January 1989. New evidence submitted since then does not provide a reasonable possibility of substantiating the claim.

The Board has determined that the Veteran does not have a current diagnosis of sinusitis or IBS, and therefore cannot establish service connection for these conditions. The claims for increased evaluations for right shoulder bursitis and GERD were also denied.

The Board has remanded the case due to insufficient evidence regarding whether the service member's hypertension, which he had during his lifetime and prior to death, was related to his active service or any service-connected disability. The appellant must provide additional medical opinions on this issue.

The Board found that the Veteran's rhinitis and bronchitis are not related to his active duty service, and thus denied both claims for service connection.

The Veteran's appeal for an increased rating for allergic rhinitis was dismissed due to his failure to respond within one year to a request for private treatment records, which were deemed essential for the proper adjudication of his claim.

The Veteran's chronic allergic rhinitis has not been manifested by, in the absence of polyps, greater than 50 percent obstruction of the nasal passage on both sides or complete obstruction on one side. Therefore, an initial compensable disability rating for allergic rhinitis is denied.