Sinusitis decisions — 2011

The Veteran's claims for service connection and increased ratings are being remanded due to the need for additional examinations and development of records.

The Veteran's claims for service connection have been denied as there is no evidence of a current disability or in-service injury that would support the claims. The dental and eye conditions are not considered compensable under VA regulations.

The Board has granted the Veteran's claims for service connection for tinnitus, sinusitis, and gastroesophageal reflux disease (GERD). The claim for a left foot disability is pending. The claim for a low back disability remains pending.

The Board has determined that additional development is needed to address the Veteran's claims for service connection, including obtaining VA treatment records and seeking medical records from RRB. The Veteran will be scheduled for examinations related to his claimed sinusitis, foot disability, and eye disability.

The Veteran likely has sinusitis that is attributable to his active military service, and the Board finds that he has provided sufficient evidence of continuity of symptomatology since service.

The Veteran's service-connected residuals of a shell-fragment wound with frontal and maxillary sinusitis are currently rated as noncompensable prior to May 18, 2007; 10 percent from that date until March 19, 2010; and 30 percent thereafter. The Veteran's service-connected Charcot-Marie-Tooth Disease with peripheral neuropathy is not at issue in this decision.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA treatment records and private medical records. He also needs to be afforded VA examinations for his service-connected disabilities.

The Board has determined that the Veteran's current diagnosed sinus disorder (chronic allergic sinusitis and rhinitis) is related to his period of service, granting service connection for this condition. The lumbar spine disorder was also found to be directly related to service.

The Board finds that additional development is warranted with respect to the Veteran's claim for service connection for a psychiatric disorder, claimed as PTSD. The appeal will be addressed in the REMAND portion of this decision.

The Board granted service connection for allergic rhinitis effective June 30, 1997 and assigned a 10% disability rating. The Veteran's attorney argued that the effective date should be July 2, 1991, but this was denied by the May 2009 Board decision.

The Veteran's sinusitis was initially granted service connection and assigned a noncompensable rating. From March 11, 2010, forward, the Veteran is entitled to a 10 percent disability rating for his sinusitis.

The Board found that the Veteran does not have a current diagnosis of chronic sinusitis and therefore denied her claim for service connection.

The Veteran's dysthymic disorder was found to have its onset during service and is considered a direct result of his military service. The Veteran also has been diagnosed with sinusitis, which the VA examiner opined may be related to his military service.

The Board has determined that new and material evidence has been submitted to reopen the claim of service connection for hyperlipidemia. The Veteran's claims for service connection for sinusitis and vertigo remain pending.

The Veteran's bronchitis and COPD were incurred in service, with all reasonable doubt resolved in her favor.

The Board found that the Veteran's allergic rhinitis, chronic sinusitis, and folliculitis are not related to his active military service.

The Board denied the Veteran's claims of entitlement to service connection for COPD, rhinosinusitis, and a right knee disability due to lack of evidence linking these conditions to his military service.

The Veteran's service-connected disabilities, which include headaches, scarring from a motor vehicle accident, and other conditions, have rendered him unable to secure or follow substantially gainful employment. The Board has determined that he meets the criteria for a TDIU based on his combined disability rating of 80 percent.

The Veteran's sinusitis has not resulted in one or two incapacitating episodes per year of sinusitis requiring prolonged antibiotic treatment, nor three to six non-incapacitating episodes characterized by headaches, pain, and purulent discharge or crusting. As a result, the criteria for a compensable disability rating are not met.

The Board found that the Veteran does not have a current diagnosis of chronic sinusitis or chest pressure with pain as a separate disability entity. Service connection for these conditions is denied.