Sinusitis decisions — 2009

The Veteran's claims for increased ratings and service connection were denied. The RO provided the Veteran with multiple opportunities to submit evidence, but he failed to appear at scheduled VA examinations.

The Board denied service connection for hypoglycemia, varicose veins, TMJ disability, and hearing loss. Service connection was granted for fibromyalgia, chronic sinusitis, chronic rhinitis, and arthritis of multiple joints.

The Veteran's claims for service connection were denied, except for the reopening of a claim for low back disability and granting secondary service connection for right arm disability. Other claims were not supported by evidence.

The Veteran's claim for a total rating based on individual unemployability due to service-connected disabilities is being remanded for additional development of the record, including obtaining updated medical records and scheduling VA examinations.

The Board dismissed the appeal for the issue of whether new and material evidence has been received to reopen a claim of entitlement to service connection for anxiety neurosis with obsessive compulsive disorder due to the appellant's withdrawal.

The Veteran's appeals for arthritis, sciatica, and seasonal rhinitis were withdrawn prior to the Board making a decision. The appeal for right knee degenerative joint disease and left knee degenerative joint disease is being remanded for additional development.

The Veteran's claims for higher initial ratings for sinusitis, gastroesophageal reflux disease (GERD), and prostatitis were denied. The Board found that the evidence did not support a higher rating for any of these conditions.

The Veteran's sinusitis is rated at 30% due to frequent episodes requiring antibiotic treatment, while his hemorrhoids remain noncompensably disabling.

The Veteran's claims for service connection for chronic sinusitis and initial compensable disability ratings for migraine headaches prior to June 24, 2009, as well as a higher rating for migraine headaches as of that date, were denied. The Board found no evidence of sinusitis during active duty or ACDUTRA, and there was insufficient medical nexus between the Veteran's time in service and his current condition.

The Veteran's claim for a higher initial rating for bilateral hearing loss prior to March 20, 2009 was granted. His claim for a higher initial rating for chronic sinusitis since October 7, 1996 and his claim for a higher initial rating for residuals of bilateral spontaneous pneumothorax with subsequent right thoracotomy and decortication prior to December 17, 2002 were also granted. The Veteran's claim for TDIU prior to December 17, 2002 was denied.

The Veteran's sinusitis and left shoulder scapula thoracic bursitis with SLAP repair have been granted service connection. The Veteran's residuals of pneumonia claim is denied, but his initial disability rating for the shoulder condition has been increased to 10 percent.

The Board has determined that the VA examinations are inadequate and remands the case for further development, including obtaining medical opinions regarding the etiology of the Veteran's claimed conditions.

The Board has remanded the case for further development, including scheduling a VA examination and obtaining updated medical records.

Giving the benefit of the doubt to the Veteran, the criteria for a 10 percent evaluation for sinusitis have been met.

The Board has granted service connection for a sinus disorder, including upper respiratory infection, sinusitis, and rhinitis. The Veteran's long history of respiratory symptoms during his military service is considered in determining the current condition.,Service connection was also granted for prostate cancer. The VA examiner opined that it was at least as likely as not related to prostatitis experienced by the Veteran during his active duty.

The Board has granted service connection for rhinitis, finding that it is proximately due to the Veteran's service-connected residuals of nasal fracture.

The Board found no evidence of current disabilities related to the Veteran's claimed conditions and denied his claims for service connection.

The Board has determined that the Veteran does not have a current disability related to loss of use of either hand, bilateral knee disorder, low back disorder, respiratory disorder (sinusitis), or sleep apnea. The claim for service connection for an acquired psychiatric disorder is denied as there is no competent medical evidence showing such a condition was incurred in service.

The Board found that the Veteran's unsatisfactory conduct and cooperation in developing a rehabilitation plan, coupled with lack of mitigating circumstances, justified discontinuing his vocational rehabilitation benefits under Chapter 31.

The Board denied the Veteran's claim for an earlier effective date of May 1, 1985 to January 30, 1989 for a permanent and total disability rating for pension purposes.