Sinusitis decisions — 2009

The Board found that the Veteran does not have a current respiratory condition or skin condition that is related to his active service. The claim for service connection was denied.

The Board has remanded the Veteran's claims for additional development due to missing records from the Social Security Administration and the Detroit VA Medical Center.

The Veteran's sinusitis has not been manifested by three or more incapacitating episodes per year of sinusitis requiring prolonged antibiotic treatment, or six non-incapacitating episodes per year of sinusitis characterized by headaches, pain, and purulent discharge or crusting. Therefore, the initial disability rating for sinusitis remains at 10 percent.

The Board finds that the preponderance of evidence is against service connection for sinusitis with vertigo and headaches, as there is no competent medical evidence linking these conditions to active duty. The Veteran's hypertension is not presumed due to exposure to herbicides or other environmental factors.

The Veteran's sinusitis is productive of three or more incapacitating episodes per year requiring prolonged antibiotic treatment. The Board finds that the disability most nearly approximates a 30% disability rating and has so since May 18, 2001.

The Board found that the death of the appellant's spouse was due to willful misconduct, specifically from ingesting multiple illegal drugs. Therefore, service connection for cause of death is denied.

The veteran's claim for increased evaluations of his residuals of left mastoidectomy and scar was denied. The VA found that the evidence did not meet the criteria for a compensable evaluation for the residuals, and only granted a 10 percent evaluation for the scar beginning June 15, 2006.

The Board denied the Veteran's claims for service connection for various conditions, including a heart disability and back disability. The appeals were all denied as new and material evidence was not received to reopen the previously denied claims.

The Veteran's claims for service connection for tinea pedis and tinea corporis have been granted. The claim for an initial compensable evaluation for hiatal hernia and gastroesophageal reflux has been remanded due to insufficient evidence.

The Veteran's chronic headache disorder is attributed to his service-connected sinusitis, and thus not separately service connected.,Restless leg syndrome has not been objectively demonstrated in the medical records.

The Veteran's claim for special monthly pension (SMP) on account of being in need of the aid and attendance of another person was denied as he is not service-connected for any disability, and his nonservice-connected disabilities do not meet the criteria for regular aid and attendance.

The Veteran's chronic sinusitis was found to be manifested by three to six non-incapacitating episodes per year of sinusitis characterized by headaches, pain, and purulent discharge or crusting. The disability did not meet the criteria for a higher rating.

The Veteran's appeal is being remanded for further development, including obtaining medical records and scheduling a VA examination to determine the etiology of his claimed conditions.

The Board has found no current diagnosis of sinusitis and denied the Veteran's claim for service connection.

The Board has reopened the Veteran's claims for service connection for hearing loss and sinusitis, finding that new and material evidence has been submitted. The Veteran's current hearing loss is found to be related to in-service acoustic trauma, while his current sinusitis is not linked to active duty.

The Board found no nexus between the Veteran's active duty and his currently shown sinusitis, thus denying service connection for this condition. The claim of entitlement to an initial rating greater than 10 percent for peripheral neuropathy of the right and left lower extremity is remanded.

The Veteran's appeal for service connection for chronic lumbar spine pain with generalized myoneuralgia and sinusitis was denied. The issues were remanded multiple times, but the Veteran withdrew his appeal regarding the low back disability in May 2009.

The Board has granted service connection for sinusitis and low back disorders, finding that the Veteran's conditions are related to his military service. Service connection for systemic lupus erythematous (SLE) and renal failure is denied due to lack of evidence linking these conditions to service or herbicide exposure.

The Veteran's service-connected rhinitis/sinusitis/allergies did not meet the criteria for a compensable rating prior to March 13, 2008 and was rated at 10 percent thereafter. The criteria for higher ratings were not met.

The Board has decided to remand the case for a new VA examination and opinion regarding the etiology of the appellant's claimed conditions, including rhino sinusitis, bronchitis, and sleep apnea. The claims will be re-adjudicated after this development.