Sinusitis decisions — 2012

The Veteran's sinusitis is manifested by weekly nonincapacitating episodes with symptoms of pain, headaches, and nasal discharge/drainage with crusting. The criteria for a disability rating of 30 percent have been met or approximated.

The Veteran's sinusitis has not been manifested by three or more incapacitating episodes per year requiring prolonged antibiotic treatment, so the current 10% evaluation is appropriate.

The Board has granted service connection for a low back disability, left ankle disability, and urinary/bowel incontinence. The Veteran's sinusitis and pes cavus are not directly related to his military service.

The Veteran's appeal is being remanded to the RO for scheduling a Travel Board hearing. The issues of service connection for chloracne, increased rating for right orbital fracture with related conditions, increased rating for tinnitus, and ratings for hearing loss and sinusitis are pending.

The Board has reopened the claims for service connection for sinusitis and PTSD, but denied reopening of the claim for a left knee disability. The Veteran's new evidence does not provide sufficient medical opinion to establish a link between his current disabilities and military service or a service-connected condition.

The Veteran's claim for an earlier effective date for the grant of service connection for COPD associated with his pulmonary tuberculosis is being remanded due to further development needed. The claims for increased ratings and TDIU are also being remanded.

The Veteran's appeal for a disability rating in excess of 10 percent for residuals of a left knee injury has been withdrawn. The issues of maxillary sinusitis with retention cyst and right shoulder osteoarthritis are pending.

The Board has reopened the claims for service connection for muscle tension headaches, sinusitis, allergies and hay fever, and back disability as secondary to service-connected TMJ disease, right jaw tumor residuals.,An effective date prior to December 29, 1978, is not warranted for the award of service connection for right 5th cranial nerve numbness, right jaw tumor residual.

The Board has reopened the claims for service connection for inhalant allergies and heart disability, finding new and material evidence. Service connection is granted for allergic rhinitis with chronic sinusitis. The claim for thyroid disability remains denied.

The Board found that the appellant's claimed disabilities, including right shoulder, left shoulder, right knee, left foot/ankle, low back, gouty arthritis, and chronic sinusitis, were not incurred in or aggravated by his active service. The most probative evidence established that these conditions are not causally related to his military service.

The Board denied the Veteran's claims for service connection for sinusitis and headaches, finding that there was no evidence of a nexus between his current conditions and military service.

The Veteran's claim for special monthly compensation based on the need for aid and attendance or housebound status is being remanded due to an inadequate VA examination. The case will be reviewed after further development.

The Veteran's lower back disorder is rated at 20 percent disabling, and his allergic rhinitis/sinusitis was previously rated as noncompensable but now warrants a compensable rating since March 18, 2011.

The Board has determined that the Veteran's respiratory disorder, including rhinitis and sinusitis, is related to service based on continuity of symptomatology.

The Board found no evidence of a current gastrointestinal or sinus disorder and concluded that any such disorders are not related to service. The Veteran's symptoms were attributed to post-service conditions.

The Board denied the Veteran's claims of service connection for diabetes mellitus, sleep apnea, and nasal polyps. The initial compensable evaluations for chronic sinusitis and allergic rhinitis were also denied.

The Veteran's lung disorder claim is denied as there is no evidence of a current disability related to service. The upper respiratory disorder claim requires further development due to the preexisting condition noted at entry.

The Board has determined that the Veteran's current migraine headaches are related to his service-connected sinusitis, and thus grants service connection for this condition.

The Veteran's appeal is being remanded for additional development, including obtaining VA examinations to assess the severity of her service-connected respiratory and eye conditions.

The Veteran's service connection claim for PTSD, Parkinson's disease, CAD, glaucoma, kidney disability, sleep apnea, hypertension, and sinusitis is granted due to exposure to herbicides during his service in Vietnam.