Sinusitis decisions — 2011

The Veteran's appeal has been remanded due to the withdrawal of his appeals for increased ratings for left ankle disorder and right knee disorder. The remaining issues of increased ratings for sinusitis, bilateral hearing loss, allergic rhinitis, and asthma are being reviewed.

The Board has denied entitlement to DIC benefits under 38 U.S.C.A. § 1318 as the Veteran was not in receipt of, or entitled to receive, compensation based on a 100% disability rating continuously for the 10 years prior to his death.

The Board has granted service connection for degenerative joint disease of the right ankle and denied claims for initial compensable evaluations for allergic rhinitis and maxillary sinusitis.

The Veteran's chronic sinusitis has not been shown to cause at least one incapacitating episode per year or three non-incapacitating episodes of sinusitis requiring treatment by a physician, as required for a compensable rating.

The Veteran's service-connected chronic frontal sinusitis does not meet the criteria for a compensable disability rating, as it has not resulted in incapacitating episodes or non-incapacitating episodes with headaches, pain, and purulent discharge or crusting. The claim is denied.

The Board denied the appellant's claims for service connection and increased evaluations, finding no evidence of a current disability related to 'heat stroke' residuals or onychomycosis. The lumbar spine condition was not found to warrant an evaluation higher than 10 percent.

The Veteran's appeal for service connection for hyperlipidemia has been dismissed. The chronic allergic rhinitis claim has been reopened due to the submission of new and material evidence. Service connection for hypertension is being considered as secondary to diabetes mellitus, but further development is needed regarding the underlying service connection claim.

The Veteran's appeal has been withdrawn, and the Board is dismissing the case.

The Veteran's claim for an extension of the delimiting date for educational assistance benefits under Chapter 30, Title 38, United States Code (Montgomery GI Bill) is denied as his physical disabilities did not prevent him from attending or completing an educational program during the eligibility period.

The Veteran's service-connected disabilities do not render him unable to secure or maintain substantially gainful employment, as his unemployability is primarily due to non-service-connected physical disabilities from a post-service work injury.

The Veteran's claims for service connection have been granted, and he now has a compensable rating for his right wrist strain. His other claims are denied.

The Board has remanded the case due to the need for additional development, including obtaining SSA and VA treatment records. The issues of service connection for Graves Disease, initial rating in excess of 30 percent for PTSD, and initial compensable rating for sinusitis are being addressed.

The Veteran's allergic rhinitis is found to have had its clinical onset during service, and thus granted service connection. The Veteran does not have a disability manifested by headaches due to disease or injury that was incurred in or aggravated by active service.

The Board has reopened the Veteran's claims for service connection for degenerative disc disease and strain/sprain of the lumbar spine, cervical spine, bilateral chondromalacia patella, and sinusitis. The evidence shows that these conditions were incurred in or are related to his military service.

The Veteran's service-connected abdominal scars, residuals of a gunshot wound to the left buttock, are rated at 10 percent. Service connection for IBS is granted on a presumptive basis under Persian Gulf War criteria. The other issues (sinusitis, fatigue, breathing problems, and sleep problems) are also granted.

The Veteran's appeal is for a TDIU based on his service-connected disabilities. The Board has determined that further development, including obtaining medical opinions regarding the impact of these conditions on employment, is needed before deciding this claim.

The Veteran's service-connected chronic rhinitis with sinusitis is currently rated at 10 percent, but the evidence does not support a higher rating as there are no incapacitating episodes of sinusitis requiring antibiotic treatment lasting four to six weeks or more than six non-incapacitating episodes per year of sinusitis characterized by purulent discharge or crusting.

The Board has determined that additional development is necessary for the Veteran's claims of service connection for sinusitis and a skin rash. The claims are being remanded to schedule VA examinations and obtain relevant medical records.

The Board has determined that the Veteran's rhinitis with sinusitis is not related to his military service and denied the claim.

The Veteran's claims are being remanded due to the need for additional development, including obtaining VA outpatient treatment records and clarifying whether he wishes to withdraw his appeal regarding a higher initial rating for major depressive disorder.