Sinusitis decisions — 2012

The Board found that the appellant's sinusitis was not incurred in active service and denied his claim.

The Board denied a rating greater than 10 percent for hypertension and dismissed the claim of an increased rating for sinusitis.

The Board found that the Veteran's income exceeded the maximum annual pension rate (MAPR) for all periods considered, thus denying his claim for NSC pension benefits.

The Veteran's service connection for DLE was granted, and a 60 percent rating was assigned from September 13, 2005. A noncompensable rating was assigned for sinusitis prior to December 7, 2009, and a 10 percent rating was assigned thereafter.

The Veteran's claims for increased ratings for frontal sinusitis and seborrheic dermatitis are being remanded due to incomplete development. The RO/AMC is instructed to obtain private medical records, employment leave records, and attempt to rate the disabilities under applicable diagnostic codes.

The Board found that the Veteran's chronic rhinitis is not etiologically related to service and does not currently suffer from sinusitis. Therefore, he is not entitled to service connection for a sinus/allergy disorder.

The Veteran's current sinusitis began during active service and the Board has granted service connection for this condition.

The Veteran's sinusitis with a retention cyst is currently rated at 30 percent, effective from the date of the initial rating decision (November 2004).

The Veteran's claims for sinusitis, rhinitis, and nasal fracture are being remanded due to the need for additional examinations and development of records. The Board will consider whether new evidence has been received to reopen his sleep apnea claim.

The Board has determined that the Veteran does not have a current diagnosis of sinusitis, but finds in favor of service connection for tinnitus. The Veteran's tinnitus is related to his active service and he was granted service connection.

The Veteran's appeal is being remanded to obtain more recent treatment records and a new VA examination to determine the current manifestations of his sinusitis.

The Veteran's service-connected disabilities do not preclude gainful employment consistent with his education and occupational experience. Therefore, the claim for a TDIU is denied.

The Veteran's service-connected disabilities are rated as 100% disabling, but he is unable to secure or follow a substantially gainful occupation due to his disabilities. The case is REMANDED for further development and an appropriate VA examination.

The Board has granted service connection for the Veteran's obstructive sleep apnea, finding that it is proximately due to his service-connected sinusitis and rhinitis.

The Veteran's service-connected back disability is rated at 20 percent, and the Board finds that a higher rating is not warranted based on the current evidence.

The Veteran's sinusitis does not meet the criteria for a rating in excess of 10 percent as there is no evidence of three or more incapacitating episodes per year requiring prolonged antibiotic treatment, or more than six non-incapacitating episodes per year with headaches, pain and purulent discharge or crusting.

The Veteran's claims for service connection for hypertension, migraine headaches, and allergic rhinitis with a history of sinusitis were denied. The Board found no evidence of hypertension in service or within one year after separation from active duty. For migraine headaches, the criteria for a compensable rating were not met between February 1, 2005 and January 5, 2009, but from January 6, 2009, a 30% evaluation was granted. For allergic rhinitis with a history of sinusitis, a 10% evaluation was granted from February 1, 2005 to February 4, 2008, and no higher rating is warranted after that date.

The Board finds that the appellant's chronic sinusitis is at least as likely as not incurred during service, and grants his claim for service connection.

The Veteran's appeal is remanded for a new VA examination to determine the nature and etiology of any current back disability, including whether it was incurred or aggravated as a result of his service-connected chronic sinusitis.

The Veteran's sinusitis is presumed to be related to his military service, while the neck disability is also considered to be related to his military service.,A rating in excess of 20 percent for the low back disorder was denied.