Sinusitis decisions — 2011

The Veteran's recurrent sinusitis and allergic rhinitis are currently evaluated as 50 percent disabling, which is the maximum available under the General Rating Formula for Sinusitis. The claim for an increased evaluation is denied.

The Veteran's service-connected chronic sinusitis, TMJ disorder, and scar disabilities are rated at a 10 percent disability level effective August 5, 2008.

The Board found that sinusitis and/or rhinitis were not shown to have had onset during service, nor are they related to an injury, disease, or event in service. The Veteran's current episodes of sinusitis and rhinitis are considered unrelated to her service.

The Veteran's claim for service connection for a chronic disability in the upper respiratory system, including allergic rhinitis and chronic sinusitis, is being remanded due to insufficient evidence regarding the relationship between her current conditions and active military service.

The Board has granted the Veteran's claim for service connection for sinusitis and has also found that a disability rating of 10 percent is warranted for post-traumatic headaches. The evidence is in equipoise as to whether the Veteran's current sinus problems are related to his military service, and he prevails on this issue. For his post-traumatic headaches, the Board finds that the preponderance of the evidence does not support a higher rating.

The Board has remanded the case for further procedural action, including obtaining service personnel records and SSA disability benefit records. The issues of entitlement to service connection for psychiatric disorder, right knee disorder, sinusitis, and back disorder are on appeal.

The Veteran's claimed conditions were not found to be related to service, including as due to an undiagnosed illness.

The Board has granted a 10 percent disability rating for the Veteran's service-connected sinusitis, which is the minimum schedular evaluation available under VA regulations. The Veteran will be considered for higher ratings in future decisions.

The Veteran's claim for an initial compensable disability rating for chronic sinusitis is being remanded due to the need for a new VA examination to assess the current severity of his condition.

The Veteran's claims for effective dates prior to September 20, 2006 for the separate evaluations of rhinitis/sinusitis and conjunctivitis have been granted.,Service connection has been established for tinnitus.

The Board found that sinusitis with headaches, first documented after service, is unrelated to an injury or disease of service origin and not caused by or made worse by the service-connected residuals of in-service head injury.

The Veteran's sinusitis, to include his rhinitis, is manifested by near constant sinusitis characterized by headaches, pain and tenderness of affected sinus, and purulent discharge or crusting after repeated surgeries. The Board finds that the evidence of record justifies a 50 percent disability rating for the Veteran's sinusitis, to include his rhinitis.

The Veteran's hypertension and sinusitis/allergies claims are being remanded for additional development.

The Veteran's claims for service connection for various conditions were denied. The Board found that the evidence did not support a finding of in-service injury or disease related to any of these conditions.

The Veteran's appeal is being remanded due to the need for additional development and consideration of new evidence. The issues include a claim for a compensable rating for service-connected allergic rhinitis and an initial rating in excess of 10 percent for chronic maxillary sinusitis.

The Board found that the Veteran does not currently have a diagnosed condition of sinusitis and there is no evidence of chronic sinusitis during service. The claim for service connection for sinusitis was denied.

The Board has determined that the Veteran's low back and cervical spine disabilities are not related to service.,The Veteran's sinusitis is currently rated at 10%.

The Board has determined that the Veteran's nasal polyps and sinusitis are proximately due to or the result of his service-connected asthma, granting secondary service connection for these conditions.

The Veteran's service-connected sinusitis has aggravated his major depressive disorder, and he is granted a 30 percent evaluation for this condition. His gastritis is also rated at 30 percent.

The Board denied the Veteran's claims for service connection for various disabilities, finding that his statements regarding continuity of symptoms were not credible and that no evidence supported a nexus between his current conditions and military service.