Sinusitis decisions — 2011

The Veteran's genital herpes has not required continuous therapy and is controlled without medication, thus no compensable evaluation can be granted.,There is insufficient evidence to establish that the Veteran incurred sinusitis or headaches in service, or that they are directly related to her service-connected nasal fracture. The Veteran's current sinusitis and headaches may also be attributed to other causes not related to her service.

The Board has granted an initial 30 percent rating for the Veteran's service-connected sinusitis, which is characterized by at least six episodes per year of symptoms including bilateral facial pain and nasal discharge. The criteria for a higher rating are not met.

The Veteran's service-connected chronic frontal sinusitis is rated at a noncompensable level since November 1, 2003 and now at a 10 percent level effective June 16, 2010. The Board finds the evidence supports a finding of symptomatology that more nearly approximates the criteria warranting a 30 percent rating.

The Veteran is entitled to special monthly pension benefits based on the need for aid and attendance of another person due to his disabilities, including diabetic neuropathy, glaucoma, vertigo, and memory loss. His combined nonservice-connected disability rating for pension purposes is 90 percent.

The Board denied the Veteran's motion alleging clear and unmistakable error (CUE) in its March 6, 2009 decision regarding his service-connected sinusitis and allergic rhinitis. The Board also dismissed the motions for CUE in the decisions regarding new and material evidence to reopen claims of bilateral hearing loss, chronic bilateral tendonitis of the legs, and a dental disorder for compensation purposes.

The Veteran's claims for increased evaluations of his low back disability, sinus condition, and headaches have been denied. The evidence does not support a higher evaluation based on the current manifestations of these conditions.

The Veteran's sinus disorder is found to be related to his service, and he is granted service connection. The status of the initial evaluations for CAD with stent placement and hypertension remains unclear.

The Veteran's claim for service connection for a respiratory disorder, including sinusitis, allergic rhinitis, hay fever and allergies is being remanded due to the need for additional development.

The Veteran's appeal is remanded due to the need for further examination and consideration of his claim for a total disability rating based on individual unemployability. The RO must obtain medical records, schedule the Veteran for an examination, and consider all evidence in deciding his claim.

The Veteran's claim for service connection for a chronic sinus disability, including sinusitis and allergic rhinitis, is being remanded due to the need for additional development of his medical records.

The Veteran's claims for earlier effective dates for TDIU and DEA are being remanded due to the need for further development, including obtaining evidence of his income between March 28, 2004 and March 19, 2005, and providing VA medical opinions regarding whether he is unemployable due to service-connected disabilities.

The Board has granted service connection for rhinitis, sinusitis, and PTSD. The claim for tinnitus remains pending.

The Veteran's service-connected residuals of a fracture of the distal nasal bone with sinusitis are currently rated as 10 percent disabling. The Board has determined that he is entitled to an increased rating, but not in excess of 10 percent.

The Board denied the Veteran's claims for earlier effective dates for maxillary sinusitis, residuals of an orbital bone fracture of the left eye, and headaches.

The Board has determined that the Veteran's sinusitis was not incurred in or aggravated by active military service, and therefore denied his claim for service connection.

The Veteran's chronic sinusitis is found to be related to his military service, and he is granted service connection for this condition. The lung disorder issue remains pending as the claim for bronchitis was addressed in a separate decision.

The Veteran's service treatment records show he had pre-existing conditions such as allergic rhinitis and cervical strain. The VA is requested to provide a medical opinion on whether these conditions were aggravated by his military service or are related to his current disabilities.

The Veteran's allergic rhinitis with associated sinusitis has been rated at 30 percent since February 12, 2008. Prior to this date, the disability was rated at 10 percent.

The Veteran's combined rating for service-connected disabilities is now at 70%, which meets the schedular criteria for a TDIU rating. The Board has remanded to obtain an opinion on whether his service-connected disabilities, alone or in combination with nonservice-connected disabilities, render him unemployable.

The Veteran's appeal is remanded for a Travel Board hearing before the RO or via video conference, as requested.