Sinusitis decisions — 2011

The Board has determined that the Veteran's sinusitis and sarcoidosis are not related to her active service, but have been granted as direct service connection based on evidence of record.

The Board has reopened the claims for service connection for a low back disorder, arterial hypertension, and sinusitis. The underlying merits of these claims are now being considered on their own merits.

The Board has reopened the claim for service connection for asbestosis, but denied it on the merits.,Service connection for sinusitis is not granted as secondary to asbestosis.

The Veteran's service-connected disabilities do not meet the criteria for a total disability rating based on individual unemployability as her combined disability rating is 80 percent, which does not satisfy the requirement of at least one disability rated at 40 percent or more with additional disability to bring the combined rating to 70 percent or more.

The Veteran's chronic sinusitis is not manifested by three or more incapacitating episodes per year of sinusitis requiring prolonged antibiotic treatment, and the evidence does not support a higher evaluation. The claim for an increased rating for chronic sinusitis is denied.

The Veteran's claim for service connection for sinusitis, mouth trauma, and residuals of coral poisoning (left upper extremity) is granted. The Board finds that the Veteran sustained a fall onto a coral runway in service which resulted in a left forearm scar. Service connection is granted for this residual scar.

The Board has determined that the Veteran's claimed respiratory, left hand, thoracic spine, lumbosacral spine, and migraines disabilities are not related to his military service.

The Veteran's sinusitis is not manifested by three or more incapacitating episodes per year of sinusitis requiring prolonged antibiotic treatment, or more than six non-incapacitating episodes per year characterized by headaches, pain and purulent discharge. Therefore, the claim for a higher rating for sinusitis is denied.

Service connection for frostbite injury of the left and right feet was granted with an initial disability rating of 30 percent effective September 15, 2000.

The Veteran's appeal is being remanded due to the need for a Travel Board hearing. The RO should clarify his representation status and schedule him for a hearing at the earliest available opportunity.

The Veteran is not rendered unable to obtain or maintain substantially gainful employment as a result of her service-connected disabilities, and the Board finds that the criteria for TDIU have not been met for any period.

The Veteran's appeal is being remanded due to the need for a Travel Board hearing. The issues of service connection are not addressed as this is a procedural matter.

The Board has remanded the Veteran's claims for hypertension and sinusitis due to additional evidentiary development, including obtaining updated treatment records and scheduling VA examinations.

The Veteran's claim of entitlement to service connection for sinusitis is being remanded due to the need for a third hearing before a Veterans Law Judge.

The Veteran's appeal for service connection on all issues except arteriosclerotic heart disease (coronary artery disease) is dismissed. The Board finds that the Veteran has coronary artery disease, presumed to have been incurred due to herbicide exposure during his Vietnam service.

The Veteran's appeal for a rating in excess of 10 percent for an acquired psychiatric disability, bilateral hearing loss, tinnitus, hemorrhoids, chronic sinusitis, right restless leg syndrome, and left restless leg syndrome has been denied. The Board found that the evidence did not support granting service connection for these conditions.

The Veteran's sinusitis, also claimed as allergic rhinitis, has been evaluated at a noncompensable level since the initial grant of service connection in August 2007. The evidence does not support a compensable evaluation due to no more than x-ray-detected sinusitis with occasional episodes of headaches and facial pressure.,The Veteran's IBS is currently rated at a noncompensable level, but meets criteria for a 10% rating based on moderate symptoms involving frequent episodes of bowel disturbance with abdominal distress.

The Veteran's claim for an initial rating in excess of 70 percent for major depressive disorder was granted. Service connection for sinusitis, chronic fatigue syndrome (CFS), sciatica, and Raynaud's syndrome were denied.

The Board has granted service connection for chronic sinusitis and an acquired psychiatric disorder, including PTSD and adjustment disorder. The Veteran's symptoms have been linked to his period of service.

The Board has remanded the case for additional development, including obtaining VA examinations and arranging for the Veteran to undergo appropriate VA examinations.