Sinusitis decisions — 2010

The Board has denied all service connection claims, except for PTSD and abdominal scar. The Veteran's bilateral shin splints, left hip quad strain, GERD, stomach ulcer, residuals of a fracture of the right 5th toe, neck disability, abnormal pap test, ovarian cyst, constipation, hemorrhoids, left knee disability, and sinusitis have not been found to be related to her military service.

The Board found that the Veteran's tinnitus did not meet the criteria for service connection as it was not shown to be incurred in or aggravated by his military service, and there is no presumption of service connection due to exposure to noise. The right knee disorder and sinusitis issues are pending and will be addressed in a separate remand.

The Veteran's bilateral hearing loss is rated at 60 percent, effective January 23, 2008. His chronic sinusitis has not met the criteria for a higher rating.

The Veteran's claim for a total disability rating by reason of individual unemployability (TDIU) is being remanded due to the need for additional evidence regarding her employment status and functional impairment caused by her service-connected disabilities.

The Veteran's claims for increased ratings and service connection were denied. The Board found no evidence of the required criteria for a higher rating in any of his conditions.

The Board has determined that new evidence submitted since the July 2004 denial does not relate to an unestablished fact necessary to substantiate the claims for service connection for sinusitis, memory loss, and a respiratory disorder. As such, the Veteran's claims are denied.

The VA determined that the Veteran's current bilateral sinusitis is likely to have begun during his military service and granted him service connection for this condition.

The Board has determined that the Veteran does not have a current right foot disorder, including arthritis of the right foot, and denied service connection for sinusitis. The Veteran's gout was granted service connection in June 2005.

The Board has determined that the Veteran's sinusitis is related to his military service and grants service connection for this condition. The issues of bilateral hearing loss disability and tinnitus are remanded for further development.

The Board has determined that the Veteran's current sinusitis is related to his military service, and thus grants service connection for this condition.

The Board has denied the Veteran's claim for service connection for residuals of a lung contusion, other than bronchitis. The appeal is based on the Veteran's contention that his current respiratory conditions are related to his in-service lung contusion.

The Board has determined that there is no competent medical evidence of a current right hip disability, allergic rhinitis, or nephrolithiasis (kidney stones) for which service connection can be granted.

The VA denied the Veteran's claim for service connection for sinusitis as secondary to his service-connected sleep apnea, finding that there is no evidence of current chronic sinusitis and that it is not at least as likely as not caused by or aggravated by his CPAP use.

The Veteran's sinusitis with allergic rhinitis is not rated higher than 30 percent, and his laceration of the left palm disability does not warrant any evaluation.

The Board has determined that the Veteran does not have a current disability of the feet or a sinus condition attributable to service. The claim is denied.

The Board has determined that the Veteran does not meet the criteria for service connection or increased ratings for his claimed conditions. The evidence does not support a finding of current skin disability, maxillary sinusitis with more than six non-incapacitating episodes per year, mandible malunion with moderate displacement, or left eye retinal detachment with healed scar warranting an increase in rating.

The Veteran's sinusitis is manifested by more than six non-incapacitating episodes per year with pressure, pain, headaches, nasal congestion, nose drainage, nasal sores, yellow and green discharge, foul breath, and two episodes requiring antibiotic use. Therefore, a 30 percent evaluation for sinusitis has been granted.

The Board found no nexus between the Veteran's current respiratory disabilities and his service, including exposure to herbicides. The preponderance of evidence did not support a finding that the Veteran's symptoms were related to his in-service duties or exposure.

The Veteran's claim for service connection for allergic rhinitis is being remanded due to the need for a current VA examination and opinion regarding the etiology of his condition.

The Veteran's appeal is being remanded for additional development, including obtaining service treatment records and alternative in-service hospital records related to his claimed sinusitis.