Sinusitis decisions — 2011

The Veteran's claim for service connection for alopecia areata, sinusitis/allergic rhinitis, and left knee disorder was denied as there is no current diagnosis of these conditions.

The Veteran's right hip, gastrointestinal, bilateral foot, respiratory, and sinus disabilities are found to be related to his military service.

The Veteran's appeal is denied as he does not have current sinusitis and the evidence does not support a finding of service connection for this condition.

The Board finds that the Veteran does not have a currently diagnosed lumbar spine disability and his sinus and GERD disabilities are not related to service. The claim for a lumbar spine disability is denied, while the claims for sinusitis, allergic rhinitis, and GERD with hiatal hernia remain pending.

The Veteran's appeal has been withdrawn due to the appellant requesting withdrawal of the appeal.

The Veteran's service-connected chronic sinusitis and rhinitis are not shown to meet the criteria for a compensable evaluation, as there is no evidence of incapacitating episodes or significant nasal obstruction. The Veteran's service-connected asbestos exposure syndrome and COPD do not warrant an increased rating due to lack of supporting medical documentation.

The Court has ruled that the reduction in evaluation from 30 to 10 percent for chronic sinusitis was improper, and a restoration of the 30 percent rating is granted.

The Board has granted service connection for chronic sinusitis and found that the Veteran's current low back disability, to include arthritis, is related to his military service. The issue of service connection for a low back disability remains pending.

The Board has granted the Veteran's claim for service connection for a right knee disorder and secondary service connection for sinusitis. The August 22, 1975 rating decision denying service connection for a right knee disorder is not found to contain clear and unmistakable error.

The Veteran's service-connected disabilities, including Sjogren's syndrome and multiple musculoskeletal conditions, have resulted in a combined rating of 90 percent. The Board finds that the evidence does not support a finding of unemployability due to these service-connected disabilities.

The Veteran seeks an increased rating for his service-connected sinusitis with allergic rhinitis. The Board has determined that additional development is needed before the claim can be adjudicated.

The Veteran's appeal is being remanded for a VA examination to assess the combined impact of his service-connected disabilities on his employability, and for consideration of any new evidence added since the last supplemental statement of the case.

The Board has determined that the Veteran's appeal for service connection of obstructive sleep apnea, diabetes mellitus, hypertension, right knee disability, left trigger thumb, and nose bleeds is withdrawn. For sinusitis with rhinitis, a rating in excess of 10 percent prior to August 24, 2009, and 30 percent from that date, has been denied.

The Board has denied the appellant's claims for service connection for various disabilities, finding no competent evidence of current disability or persistent/recurrent symptoms related to his military service.

The Board denied claims for earlier effective dates for the grant of service connection for lumbar spine disability to include degenerative disc disease, residuals of a deviated nasal septum, and sinusitis. The effective date was fixed at November 19, 2002.

The Board found that the Veteran's chronic sinusitis did not pre-exist his military service and was not aggravated by it. The condition is also not proximately due to or the result of his service-connected sleep apnea.

The Veteran does not have a current diagnosis of sinusitis or asthma, and the evidence does not support service connection for these conditions.

The Veteran's parasomnia claim is denied as it is considered to be encompassed within the service-connected PTSD. The claims for right shoulder pain, sinusitis, and abdominal/stomach pain are all denied.

The Board has remanded the case due to issues related to marital status, VCAA compliance for accrued benefits claims, and requests for VA medical records. The Appellant's eligibility as a surviving spouse is under review, along with her claims for service connection.

The Board has determined that the Veteran's rhinosinusitis and nasal polyposis had its onset in service, resolving all doubt in his favor. Therefore, the claim for service connection is granted.