Sinusitis decisions — 2010

The Veteran's appeal is being remanded for additional development to include obtaining VA and private medical records, as well as a new examination.

The Veteran's claim for service connection for migraine headaches as secondary to his service-connected allergic rhinitis is granted. The effective date of the award of a 30 percent rating for allergic rhinitis is set at September 23, 2008. However, an earlier effective date is not warranted due to the lack of factual ascertainability of polyps prior to this date. The claim for a compensable rating for residuals of nasal injury with scarring remains unresolved.

The Veteran's service-connected post-operative residuals of left foot calluses are currently rated as 10 percent disabling, and his allergic rhinitis is rated as noncompensable. The Board finds that the current ratings adequately reflect the severity of these conditions.

The Veteran's urinary incontinence is service-connected as it is caused by her service-connected complex partial seizures. For the period prior to August 21, 2007, she was granted a disability rating of 50 percent for migraine headaches due to very frequent completely prostrating and prolonged attacks. From August 21, 2007, the Veteran's migraine headaches are rated at 30 percent disabling. The Veteran's allergic rhinitis is not service-connected.

The Veteran's appeal is being remanded due to the need for additional medical examinations and review of his claims file. The issues are whether he has a service connection for left index finger wart disability and sinusitis.

The Board has dismissed the appeal with respect to the claims of entitlement to service connection for a fungal disorder, allergic rhinitis, and hypertension due to the Veteran's request for withdrawal. The remaining issues are addressed in the REMAND portion of the decision.

The Veteran's claim for a total rating based on individual unemployability (TDIU) was granted effective June 22, 2007. The TDIU is based on the Veteran's service-connected disabilities, including PTSD rated at 50% disabling since March 13, 2006.

The Veteran's claims for increased ratings and service connection were denied. The Veteran currently has a non-compensable rating for migraine headaches, a 10 percent rating for sinusitis with allergic rhinitis, and no compensable rating for an abdominal scar. Service connection for hypertension was not established.

The Board found that the Veteran's respiratory disorder and sinusitis were not incurred in or aggravated by active military service. The weight of the evidence is against a finding that these conditions are related to his military service.

The Veteran's lumbar spine disability was rated at 20% prior to August 30, 2004, and at 20% beginning from August 24, 2004. The Veteran's sinusitis was not rated as he did not meet the criteria for a higher rating.

The Veteran's back disorder, right knee disorder, and allergic rhinitis were not found to meet the criteria for higher ratings under applicable VA rating criteria.

The Veteran's unauthorized medical expenses incurred at Bay Medical Center on March 27, 2008 for sinusitis and hypoglycemia were not reimbursable as he did not meet the criteria for reimbursement under VA regulations.

The Veteran's claims for residuals of bilateral plantar warts, folliculitis, and seborrhoeic dermatitis were denied. The claim for sinusitis with frontal headaches was granted. Claims for cervical spine disorder, bilateral hearing loss, and otitis media are pending.

The Board has decided on some issues related to service connection and reopened/remanded other claims, but the motion for revision or reversal of the decision based on CUE is dismissed due to prior Court decisions affirming earlier Board decisions.

The Veteran is seeking service connection for chronic sinusitis and chronic fatigue syndrome, as well as increased ratings for various disabilities. The appeal is currently remanded to obtain additional medical records and examinations.

The Veteran's appeals for kidney disorder, diabetes mellitus, type 2, and sinusitis were dismissed due to withdrawal by the Veteran. The appeal for migraines was also dismissed as it is not related to service connection.

The Board has granted service connection for intermittent sinusitis with an initial rating of 0 percent, but the Veteran's appeal is remanded to obtain additional medical records and determine if she should be scheduled for a hearing.

The Veteran's appeal is being remanded to clarify the nature of his claim for service connection for a coughing disability and to obtain additional medical records.

The Board has determined that the Veteran's current diagnosis of allergic rhinitis is related to his service, and thus service connection for this condition is granted.

The Veteran's claims for hearing loss, a respiratory disorder (claimed as sinusitis), and an acquired psychiatric disorder were denied as there is no current diagnosis of any such conditions.