Sinusitis decisions — 2010

The Board has granted service connection for bilateral hearing loss, sinusitis, and headaches based on evidence showing these conditions are related to the Veteran's military service.

The Board has denied service connection for a chronic kidney disorder and chronic sinusitis. The Veteran's claims for service connection of allergic rhinitis and gout are being REMANDED to obtain additional medical opinions regarding the etiology of these conditions.

The Veteran's service connection claim for allergic rhinitis is being remanded due to the need for a VA examination.

The Board granted an initial evaluation of 30 percent for sinusitis from February 8, 1995 to June 12, 2004 and changed the effective date assigned to the appellant's 50 percent evaluation from June 12, 2004 to April 16, 2003. The Board denied an initial evaluation in excess of 10 percent for sinusitis from April 19, 1993 to February 7, 1995.

The Veteran's allergic rhinitis has not been manifested by polyps or obstruction of the nasal passages greater than 50 percent on both sides or complete obstruction on one side, which would warrant a compensable rating. The Board finds that a higher rating under DC 6522 is not warranted.

The Veteran's claims for service connection were denied as the evidence did not show a current disability or any link to service.

The Board has granted service connection for allergic rhinitis with chronic maxillary sinusitis and assigned a 10 percent rating effective from June 8, 2004.

The Veteran's service-connected disabilities do not meet the criteria for financial assistance in the purchase of an automobile and adaptive equipment or for specially adapted housing.

The Veteran's claims for increased ratings and service connection were denied. The effective date of the increased rating for mechanical low back pain was not granted.

The Veteran's claim for service connection of obstructive sleep apnea is remanded due to the need for additional medical evidence regarding the relationship between his current sleep apnea and his service-connected disabilities, including sinusitis with allergic rhinitis, spontaneous pneumothorax, COPD, and bronchitis.

The Veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities is denied as the earliest factually ascertainable date that he was unable to secure or follow substantially gainful employment due to his service-connected disabilities was June 14, 2005.

The Board finds the medical evidence of record is in equipoise as to whether the Veteran's service-connected disabilities are manifested by the loss or permanent loss of use of one or both feet. As a result, the claim for certification of eligibility for automotive and adaptive equipment is granted.

The Board has determined that the Veteran's sinusitis is secondary to his service-connected allergic rhinitis and granted service connection for it. The Veteran's perennial allergic rhinitis with seasonal acute exacerbations was found not to warrant a compensable rating prior to January 27, 2009, but from that date forward, he is entitled to at least a 10% disability rating.

The Board has granted a 50 percent rating for the Veteran's service-connected chronic sinusitis, effective from May 3, 2006. The Veteran also claimed an earlier effective date for his service connection but this matter is remanded as it requires issuance of a Statement of the Case.

The Veteran's claims for increased ratings and a separate rating for multiple noncompensable service-connected disabilities have been granted. He is now rated at 10 percent for chronic sinusitis, with no higher initial rating allowed. His left ear hearing loss has also been granted service connection, but he does not meet the criteria for an initial compensable rating. The Veteran's cervical spine and ankle conditions are each rated at 10 percent.

The Veteran's claims for service connection for a left leg disability, a left buttock disability, sinusitis, and moles on the back and neck have been denied as there is no evidence of current disabilities or in-service incurrence.

The Veteran's unauthorized medical expenses incurred at Jackson Madison County General Hospital on March 5, 2006 were denied as the services were not rendered in a medical emergency of such nature that delay would have been hazardous to life or health and VA facilities were not feasibly available.

The Board has determined that the Veteran's allergic rhinitis, colloid cyst of the thyroid, dry eyes, and eyelid infections were not incurred or aggravated by active military service. The evidence shows these conditions existed prior to enlistment.

The Veteran's appeal is being remanded for a Travel Board/videoconference hearing at the St. Petersburg, Florida RO.

The Board's September 2007 decision denying service connection for asthma and allergic rhinitis was dismissed due to the Court's September 2009 Order vacating that portion of the decision.