Sinusitis decisions — 2010

The Veteran withdrew his appeal for service connection on multiple conditions, including bilateral plantar fasciitis of the feet, bilateral shin splints, onychomycosis of the toe nails, sinusitis, prostatitis, residuals of a fracture of the right first and second metacarpals, bilateral osteoarthritis of the ankles, bilateral degenerative joint disease (DJD) of the knees, and ulcer disabilities.

The Veteran's claim for service connection for respiratory condition, leg growth, and sinusitis as a result of herbicide exposure is granted. The Veteran also receives a 10% evaluation based on multiple noncompensable service connected disabilities prior to November 7, 2007.

The Board has determined that the Veteran does not have a current diagnosis of chronic sinusitis or a respiratory disability, and there is no evidence of continuity of symptoms after discharge to support these claims. The Board finds that service connection for these conditions cannot be granted.

The Veteran's claims for service connection were denied as there is no evidence of a current disability, or any link to his military service.

The Board has denied the Veteran's claims for service connection for an ENT condition and sinusitis, finding that there is no competent evidence linking these conditions to his military service. The claim for esophagus condition was also denied as there is no current disability.

The Veteran's claims for service connection were denied as some conditions did not meet the criteria for presumptive service connection due to undiagnosed illness or chronic multisymptom illnesses. The Board found that other conditions could be attributed to active duty.

The Veteran claims service connection for nasal congestion/sinus drainage with headaches, also claimed as sinusitis, as secondary to his service-connected deviated nasoseptum and depressed right nasal bone. The Board has determined that additional development is needed before a decision can be made.

The Board has determined that the Veteran's sinusitis warrants a 30 percent disability rating, effective from February 9, 2004. The appeal is granted for this issue.

The Board has determined that additional development is needed for the Veteran's claims, including obtaining VA treatment records and scheduling examinations to assess his left knee and sinus disabilities.

The Veteran's claim for an earlier effective date for TDIU benefits was denied as there is no evidence of unemployability prior to December 13, 2007. The RO found that the Veteran did not meet the schedular criteria for a TDIU before this date.

The Board has remanded the claims due to a need for additional development, including obtaining service entrance examination records and scheduling examinations to determine the nature and etiology of the claimed conditions.

The Board found that the Veteran's chronic lung disorder and sinusitis were not incurred in or aggravated by active military service, to include as due to asbestos or chemical exposure.

The Board found that the Veteran's sinusitis was not incurred in or aggravated by active military service and denied his claim.

The Veteran's service-connected disabilities did not render him eligible for TDIU from August 30, 2004 to September 9, 2009 under the schedular percentage requirements. However, he was denied TDIU as his disabilities alone did not prevent him from securing and following substantially gainful employment.

The Board has denied the Veteran's claims for increased ratings for allergic rhinitis and sinusitis, finding that the evidence does not meet the criteria for a higher rating under the applicable diagnostic codes.

The Board found that the Veteran's service-connected chronic sinusitis did not meet the criteria for a higher evaluation, as there was no evidence of three or more incapacitating episodes per year requiring prolonged antibiotic treatment or more than six non-incapacitating episodes per year characterized by headaches, pain, and purulent discharge. The claim for increased evaluation for bronchitis is pending.

The Board has granted service connection for residuals of a concussion, to include memory loss, and for migraine headaches. The Veteran's other claims for service connection have been remanded.

The Board has denied the Veteran's claims for service connection for various conditions, including heart condition, blocked nose, skin condition, spinal cord or low back injury, respiratory disorder (claimed due to asbestos exposure), and other conditions. The evidence does not support a finding of service origin for these conditions.

The Veteran's claims for service connection for a bilateral wrist and hand disability, an eating disorder, a low back disability, and a heart disability have been denied. The Veteran's claim for service connection for a bilateral hearing loss disability is pending.

The Board found no evidence of a current disability for hearing loss, and denied service connection for bilateral astigmatism as it is not a disease or injury within the meaning of applicable legislation. Service connection was granted for tinnitus, sinusitis, and carpal tunnel syndrome.