Sinusitis decisions — 2012

The Veteran's appeals for higher initial disability ratings for sinusitis and degenerative joint disease of the cervical spine, as well as his claim for TDIU, have been dismissed due to his withdrawal request.

The Board denied the Veteran's claims for service connection for various conditions, including a chronic left leg disability, bilateral hearing loss, chronic neck disability, chronic residuals of a head injury with jaw bone and upper and lower teeth problems, chronic sinusitis, chronic bilateral eye disability, and an initial compensable evaluation for left non-displaced fracture of the distal radius.

The Veteran's appeals for increased evaluations for lumbosacral disc disease, sinusitis with sinus headaches, left epicondylitis, and a CABG surgical scar of the presternum and upper abdomen were denied. The criteria for higher ratings under VA rating schedules did not meet the requirements.

The Veteran's unauthorized medical expenses incurred on July 8, 2010 at the Henderson County Community Hospital were denied because the treatment was not for a service-connected disability and there was no emergency condition requiring immediate attention.

The Veteran's appeal is being remanded for additional examinations and opinions regarding his claimed sleep apnea and sinusitis, including whether they are related to service or any service-connected conditions.

The Board has determined that the Veteran's service-connected chronic sinusitis does not warrant a disability rating in excess of 30 percent, as his symptoms do not meet the criteria for a higher evaluation under the applicable diagnostic codes. The evidence shows near-constant sinusitis with headaches, pain, and tenderness but no purulent discharge or crusting.

The Veteran's service connection claim for headaches, claimed as migraine headaches, is granted. The remaining claims are not addressed in this decision.

The Veteran's TDIU claim was granted effective January 20, 1998, based on his service-connected lumbar spine disability.

The Veteran's claims for service connection were denied across multiple issues, including bilateral hearing loss, tinnitus, sinusitis, pain, uveitis, ankle disability, knee disability, hand disability, and fractures of the ribs. The Board found no evidence to support these claims.

The Veteran was granted service connection for PTSD and allergic rhinitis (sinusitis) effective November 14, 2005. The claim seeking an earlier effective date for the award of service connection for sinusitis is denied.

The Board has granted service connection for sinusitis and bronchitis, finding that the Veteran's symptoms began during her active duty service and have continued since then.

The Board has granted service connection for a sinus disorder, including sinusitis. The Veteran's claims for alopecia, gastroesophageal reflux disease, left ankle disorder, right ankle disorder, and skin disorder (including urticaria) are denied as there is no evidence of current disabilities or a link to service.

The Veteran's service connection claim for diabetes mellitus was granted, and his sinusitis claim was denied as it did not meet the criteria for a compensable evaluation.

The Board has reopened the claims for service connection for allergic rhinitis and sinusitis, but has not decided whether these conditions are related to service. The Veteran's symptoms have been noted since discharge from service, but there is no clear evidence linking his current symptoms to service or to allergic rhinitis.

The Veteran's appeal is being remanded due to a scheduling issue for a personal hearing before the Board of Veterans' Appeals.

The Board has determined that the Veteran's sinusitis did not meet or approximate the criteria for a compensable evaluation during the rating period, as there were no incapacitating episodes of sinusitis requiring prolonged antibiotic treatment or non-incapacitating episodes with headaches, pain, and purulent discharge. The VA examinations indicated stable sinusitis without current evidence of acute or chronic sinusitis.

The Veteran's claims for service connection were all granted, with the exception of her claim for bronchial asthma. The Board found that she did not have a current disability related to these conditions.

The Board has remanded the Veteran's claim of service connection for sinusitis due to incomplete records from his most recent period of active service between April 2010 and June 2011. The Veteran should be afforded a VA examination if additional records demonstrate the presence of sinusitis during this time.

The Veteran's claim for service connection for sinusitis has been reopened, and the Board finds new and material evidence to support this claim. The issues of increased ratings for left and right knee disabilities are also addressed.