Sinusitis decisions — 2009

The Board has denied the Veteran's claims for service connection for allergic rhinitis and low back disability. The evidence does not establish a nexus between these conditions and active duty.

The Board has remanded the case for further development due to insufficient medical evidence to decide the claim of service connection for pansinusitis.

The Veteran's appeal for higher initial disability ratings for his service-connected gastrointestinal and sinus conditions was denied. The Board found that the evidence did not support a higher rating for his GI disorder, as it did not meet the criteria for a 60 percent evaluation under DC 7346. For his sinusitis, there were no incapacitating episodes or non-incapacitating episodes meeting the criteria for a compensable rating.

The Veteran's claims for service connection for various conditions, including PTSD, migraine headaches, respiratory disorder, sinusitis, chronic fatigue syndrome, lumbar disorder, and poor concentration and recall were denied. The Board found no evidence of current disabilities or a relationship to military service.

The Veteran's service connection claims for degenerative disc disease, lumbar spine; headaches; and allergic rhinitis are all granted.

The Veteran's service-connected disabilities alone do not prevent him from securing or following substantially gainful employment.

The Veteran's allergic rhinitis, with a large nasal polyp causing total obstruction when lying down on his side, meets the criteria for a 30 percent rating.

The Board has determined that the Veteran does not have any of the claimed conditions related to his active service. The claims for sinusitis, nervous condition with tremors, rheumatoid arthritis, diabetes mellitus, neck injury, right ankle injury, left knee injury, and numbness of the head are all denied.

The Board has denied the veteran's claims for service connection for cervical spine disability, gynecology condition, left eye disorder, right hand and arm injury, skin disorder, and chronic sinusitis. The appeal is dismissed.

The Board has remanded the case for further development and to schedule a videoconference hearing.

The Veteran's claims for increased ratings for sinusitis and hearing loss were denied, while his claim of service connection for a right leg disability was also denied. The issue of reopening the previously-denied claim for degenerative disc disease on a direct basis is not in appellate status as the Veteran has accepted the TDIU decision.

The Veteran's claims for increased ratings for allergic rhinitis, tendonitis and synovitis of the first metacarpal joint (right hand), tendonitis and synovitis of the first metacarpal joint (left hand), bilateral pes planus, and low back disability have been denied. The Board found no evidence that these conditions meet the criteria for a compensable rating at any time.

The Veteran's appeal is being remanded due to the lack of recent medical records and additional notice under VCAA.

The Veteran's claims for initial disability ratings or service connection were denied. The Board found that the evidence did not meet the criteria for an initial compensable rating or higher for his GERD with hiatal hernia, DJD of the right great toe metatarsophalangeal joints with cheilectomy right great toe, and DJD of the left great toe metatarsophalangeal joints and osteotomy left second toe. The Veteran's claims for service connection were also denied.

The Board denied a claim for an initial compensable evaluation for chronic perennial rhinitis, finding that the Veteran's symptoms did not meet the criteria for a compensable rating under VA disability rating criteria.

The Board has granted an initial 10 percent rating for chronic sinusitis and denied a higher rating for hemorrhoids since the effective date of service connection.

The Veteran's appeal is being remanded to comply with the Court's June 2004 decision, which found that VA had failed to provide proper notice. Additional development is needed for compliance with VA's duty to assist and notify.

The Board denied the Veteran's claim for an earlier effective date for maxillary sinusitis service connection, finding that there was no legal entitlement to such a date prior to when he filed his petition to reopen the previously denied and unappealed claim in June 1998. The Board also found that there was CUE in the December 1978 rating decision but determined that the correct effective date should be June 16, 1998.

The Board has determined that the Veteran does not meet the criteria for service connection for any of the conditions listed in his claims. The VA made all reasonable efforts to assist him, but he failed to report for scheduled examinations and missed a hearing.

The Board has determined that the Veteran does not have a current disability for any of the conditions she is claiming service connection for, and thus, her claims are denied.