Sinusitis decisions — 2009

The Veteran was granted a 20 percent rating for lumbar degenerative changes with low back strain effective April 8, 2007.,A 10 percent rating has been assigned for right ankle arthrosis since May 18, 2004.,Sinusitis is rated at 10 percent since May 18, 2004.

The Veteran's service-connected PTSD does not render him permanently bedridden or so helpless as to be in need of regular aid and attendance. He is able to ambulate independently for short distances, is generally independent in self-care, is apparently able to feed himself, and is able to leave his house at his own discretion.

The Board denied the claims of service connection for status post left hernioplasty, sinusitis, and left orchiectomy due to lack of evidence showing permanent worsening during service.

The Board denied the Veteran's claims for service connection for sinusitis, bronchitis, respiratory problems, and peripheral neuropathy as they were not incurred in or aggravated by his active service. The evidence did not establish a medical nexus between military service and these conditions.

The Board has remanded the claims for additional development due to the need for medical nexus opinions on the Veteran's back disability, sinusitis, and skin rash.

The Veteran's claims for service connection were denied. His CAD, skin rash (claimed as due to herbicide exposure), and eye condition are not related to his military service. The Veteran does not have current diagnoses of chronic sinusitis, pneumonia, recurrent staph infections, or a disability manifested by nausea and vomiting.

The Veteran's claim for service connection for seborrheic dermatitis is dismissed as no justiciable case or controversy remains.,The claim for service connection for sinusitis has been reopened, but the evidence does not establish a current disability related to service. The Board finds that the Veteran does not have chronic maxillary sinusitis and therefore cannot be granted service connection.,Service connection for sleep apnea is denied as there is no showing of a chronic condition during service or within the initial post-service year.

The Board denied the Veteran's request to reopen his claim for service connection for sinusitis, finding that no new and material evidence had been submitted.

The Veteran's appeal is being remanded for additional development of his claims, including obtaining VA treatment records and providing the Veteran with a VA examination to determine the nature and etiology of any neck and/or right shoulder disability.

The Board has determined that the Veteran's chronic allergic rhinitis is attributable to his active military service and grants service connection for this condition.

The Veteran's claims for higher initial evaluations and service connection were denied. The conditions claimed, including hemorrhoids, parotid calculus and lump on the left cheek, skin condition of the hands, bronchitis, laryngitis, frostbite of the feet and hands, otitis media, compression neuropathy of the left side, bilateral knee pain and fluid, allergic reaction to a typhoid shot (chronic rhinitis), and exposure to ethylene and nitrous oxide gases were not found to be service-connected or warrant higher initial evaluations.

The Veteran's claim for PTSD was reopened, and he is now entitled to a 10 percent rating for his service-connected sinusitis with allergic rhinitis. The Veteran's lumbar spine disability remains at the 20 percent level prior to August 7, 2007, but any increase in severity after that date would require further evidence.

The Board found no evidence of in-service injury or disease that could support service connection for the Veteran's claimed sinus disorder and low back disorder.

The Veteran's sinusitis, diabetic neuropathy of the lower extremities, and diabetes mellitus have been evaluated based on their current manifestations. The sinusitis is rated at 10 percent; the diabetic neuropathies are each rated at 10 percent; and the diabetes mellitus is rated at 20 percent.

The Veteran's service-connected disabilities do not render him unable to secure or maintain substantially gainful employment.

The Board denied the Veteran's claims for service connection for hearing loss, PTSD, IBS, sinusitis, and chronic allergic rhinitis. The Veteran was not granted any disability ratings.

The Veteran's appeal is being remanded for further development, including a VA examination to address the etiology of her claimed respiratory and sinus conditions as related to exposures in service.

The Veteran's service-connected disabilities have been evaluated, and the appeal is denied as there are no new or material issues to reopen. The current evaluations for each condition remain unchanged.

The Veteran's service-connected sinusitis was initially rated as noncompensable, then increased to 10 percent in June 2004 and further increased to 30 percent effective July 18, 2008. The decision is mixed, with the rating for prior to July 18, 2008 being granted (10%), while the rating on or after that date remains at 30%.

The Veteran's gastroesophageal reflux disease and sinusitis have not been shown to warrant a higher evaluation.,The Veteran's sinusitis has not been shown to be productive of incapacitating episodes or other symptoms warranting an increased rating. The dermatophytosis of the left foot does not meet the criteria for a compensable evaluation.