Sinusitis decisions — 2010

The Board has granted service connection for sinusitis and awarded a 20% initial evaluation for the Veteran's left shoulder disability, effective from December 1, 1999.

The Board has granted a 40 percent evaluation for the Veteran's lumbar spine disability, effective August 17, 2009.

The Veteran's claims for service connection are being remanded to obtain additional medical examinations and development of the record. The issues include a sleep disorder, sinusitis, and GERD.

The Veteran's respiratory disorder (asthma) is found to have been incurred in service, and the Board grants service connection for this condition. The remaining issues on appeal are addressed in the REMAND portion of the decision.

The Board has determined that additional development is needed to determine the nature and etiology of the Veteran's current sinusitis and right arm disorder, as well as whether these conditions are related to his military service.

The Board denied the Veteran's claims for service connection for postnasal fracture with scar, speech disorder, and allergic rhinitis due to lack of evidence showing a causal relationship between these conditions and his military service.

The Veteran's maxillary sinusitis has been rated at 10 percent, and the Board granted a higher rating of 30 percent based on more than six non-incapacitating episodes per year of sinusitis characterized by headaches, pain, and purulent discharge or crusting.

The Veteran's appeals for increased ratings and earlier effective dates have been denied. The Board found that the Veteran did not meet the criteria for a compensable rating prior to January 23, 2009 or a rating in excess of 10 percent at any time for his basal cell carcinoma with actinic keratoses.

The Board has determined that the Veteran's allergic rhinitis and left shoulder rotator cuff tendonitis are service-connected, with no issues related to exposure basis or presumption.

The Veteran's service-connected lupus, rheumatoid arthritis, and osteopenia have been evaluated based on their combined effect. The claims for higher initial ratings for various joints are denied as the evidence does not meet the criteria for a higher rating at any point during the appeal period.

The Veteran's service-connected allergic rhinitis, post-operative, did not meet the criteria for a compensable evaluation prior to July 23, 2008 and does not meet the criteria for an initial evaluation in excess of 10 percent after that date.

The Veteran's death was not due to his own willful misconduct. However, the appellant is not eligible for DIC benefits under 38 U.S.C.A. § 1318 because he did not have a service-connected disability rated as totally disabling for at least ten years immediately preceding his death.

The Veteran's initial evaluations for hypertension and allergic rhinitis have been increased to 10 percent effective May 1, 2004. The Board has remanded the issue of higher initial evaluations for these conditions.

The Veteran's additional disabilities, including rhinitis, sinusitis, and trigeminal neuralgia, are not deemed to be caused by VA care or treatment. The removal of her right ovary is considered a reasonably foreseeable result of having a cyst on the ovary.

The Veteran's appeal is being remanded due to the need for a video conference hearing and issuance of an SOC regarding the increased rating claim for uvulopalatopharyngoplasty.

The Board has determined that the Veteran does not have current low back or sinus disabilities and therefore, service connection for these conditions is denied.

The Veteran's sinusitis is characterized by six or more incapacitating episodes per year, resulting in headaches, pain, and a nasal discharge. The Board has granted a compensable initial rating of 30 percent for his service-connected sinusitis.

The Board dismissed the appeals regarding whether there was CUE in rating decisions dated in January 1960, March 1960, and April 1968 with respect to the reduction in compensation, the assigned rating and effective date of compensation for sinusitis, maxillary and frontal, for accrued benefits purposes.,The Board dismissed the appeals regarding entitlement to a rating in excess of 10 percent for bilateral blepharitis, for accrued benefits purposes; entitlement to a rating in excess of 10 percent for maxillary and frontal sinusitis with hypertrophic rhinitis, for accrued benefits purposes; and entitlement to TDIU, for accrued benefits purposes.,The Board dismissed the appeal regarding whether an effective date earlier than June 28, 2001, for the award of service connection for bilateral eyelid laxity secondary to bilateral blepharitis, for accrued benefits purposes.

The Veteran's claims for increased evaluations for pulmonary sarcoidosis and chronic sinusitis have been granted, with the initial compensable evaluation for the period of February 13, 2000, to March 26, 2002, and a noncompensable rating assigned for the period since then. The Veteran's current condition is characterized by intermittent corticosteroids use for pulmonary sarcoidosis.

The Veteran's appeal is being remanded for further development and consideration of his service connection claims, including a VA examination to determine the onset of any current allergic rhinitis or headaches. The TDIU claim is also being remanded due to its interdependence with the service connection claims.