Sinusitis decisions — 2011

The Veteran's service-connected disabilities, including his blindness and PTSD, are found to have caused or contributed substantially to his death from renal failure due to hypertension.

The Veteran's claim for a rating in excess of 10 percent for the service-connected bilateral spondylosis at L5-S1 was denied. The claim for TDIU was also denied, including on an extraschedular basis.

The Board found that the Veteran's allergic rhinitis and sinusitis were not incurred in or aggravated by service, and are not proximately due to or the result of a service-connected disability.

The Veteran's maxillary sinusitis has been rated at 30 percent since December 20, 2000. The Board granted a higher rating of 50 percent effective as of November 30, 2008.

The Board has reopened the Veteran's claim of service connection for a cervical spine disability to include as secondary to a low back disability. The case is remanded for further development, including obtaining VA and private medical records, personnel file documentation, and a VA examination to determine if the current cervical spine disability is related to events in service or caused by the service-connected low back disability.

The Veteran's chronic allergic rhinitis and recurrent sinusitis are related to service, and the Board has granted service connection for these conditions.

The Board has determined that new and material evidence has been received to reopen the Veteran's claims for service connection for a right shoulder disability and sinusitis. The evidence now shows a link between these conditions and service, warranting their grant.

The Board has granted a rating of 10 percent for rhinitis/sinusitis under Diagnostic Code 6513, effective from May 1, 2006. A separate 10 percent rating is also granted for deviated nasal septum, effective from May 1, 2006.

The Veteran's service-connected disabilities do not render him unable to secure or follow a substantially gainful occupation.

The Veteran's appeal is being remanded for further development, including a VA examination to determine the etiology of any residuals of a fractured nose and whether sinusitis is secondary to those residuals.

The Veteran's claims for service connection for sinusitis and a right shoulder disability, as well as an increased rating for bilateral hearing loss prior to August 15, 2009, and initial ratings for tinnitus were denied. The Board found no in-service injury or disease related to these conditions.

The Veteran's appeal has been withdrawn by the appellant, resulting in the dismissal of the case.

The Veteran's claims for service connection for sinusitis, a left ankle disability, and a left wrist disability are being remanded due to the need for additional medical examinations.

The Board has determined that the Veteran does not have current disabilities related to his service-connected conditions or any in-service injuries, and therefore, denied all claims of service connection.

The Board has remanded the case for further development, including scheduling a hearing before a Veterans Law Judge.

The Veteran's residuals of right spermatocele are not service-connected as they were not present in service and there is no evidence linking them to service. The sinus disorder and hepatitis B diagnoses are unclear due to the lack of etiology opinions provided by the VA examiner.

The Board has determined that the Veteran's pre-existing bilateral ankle condition was aggravated during his time in active service, and therefore grants service connection for a bilateral ankle condition. The sinusitis issue is remanded due to insufficient evidence regarding its etiology.

The Board has determined that additional evidentiary development is necessary prior to the adjudication of the Veteran's service connection claims for hypertension, a migraine headache disorder and sinusitis.

The Board has reopened the claim for service connection for sinusitis due to new and material evidence submitted. However, it found that there is not enough evidence to grant service connection for bipolar disorder, right knee patellofemoral pain syndrome, gynecological disabilities, or migraine headaches prior to November 29, 2005. The claim for special monthly compensation based on anatomical loss of a creative organ was granted effective from November 29, 2005.

The Veteran's right ankle disability is currently rated at 20 percent, the maximum under Diagnostic Code 5271 for limited motion of the ankle. The Board found no evidence to support a higher rating based on functional loss or ankylosis. Service connection was granted for sleep apnea.