Sinusitis decisions — 2012

The Veteran's appeal for a higher rating for his service-connected postoperative residuals of a nasal septum deformity with vasomotor rhinitis is being remanded due to the inextricability of issues related to chronic sinusitis and headaches. The Board also requests additional information regarding the location of the Veteran's recent nasal surgery.

The Board denied the Veteran's claims for service connection for fibromyalgia, conjunctivitis, lumbar strain and spinal degenerative arthritis, sinusitis, hypertension, bronchitis, cervical degenerative arthritis with spondylosis with right arm radiculopathy, and degenerative arthritis of the arms, wrists, and hands. The Board found that there was no evidence of these conditions during service or within one year after separation.

The Board has determined that the Veteran is entitled to a 20 percent rating for residuals of a right ankle fracture with osteoarthritis beginning on April 23, 2009. The Veteran's claim for service connection for sinusitis has been granted and an initial noncompensable rating was assigned.

The Veteran's claims for initial compensable ratings for service-connected allergic rhinitis and chronic sinusitis are being remanded due to the need for additional VA examination and treatment records.

The Veteran's asthma, sinusitis, allergic rhinitis, and bilateral hearing loss have not met the criteria for higher initial evaluations.

The Veteran's service-connected disabilities do not render him unemployable on an extraschedular basis, as his combined rating is at least 40% and he has the ability to engage in sedentary employment.

The Veteran's service-connected disabilities have rendered him unemployable, and the Board grants a TDIU rating.

The Board has granted service connection for right lumbar radiculopathy as a component of the Veteran's service-connected lumbar spine disability.

The Board found that the Veteran's current lung disability, diagnosed as COPD, is not related to his active service or any aspect thereof, including his service-connected rhinitis, sinusitis, or deviated septum.

The Veteran is entitled to a total disability rating for compensation purposes based on individual unemployability prior to April 28, 2010 due to service-connected disabilities preventing him from obtaining or retaining substantial gainful employment.

The Veteran's initial claim for higher ratings and earlier effective dates for chronic sinusitis and orbital cellulitis of the right eye was granted. The Veteran is now rated at 30% for chronic sinusitis, effective from November 6, 2010.

The Board has determined that service connection is not warranted for a sinus disability, to include sinusitis. The Veteran's knee disabilities are also denied as the evidence does not support a finding of chronicity or continuity of symptomatology since service.

The Board has granted service connection for asthma, finding that the Veteran's current condition is at least as likely as not related to his active military service. The other conditions were either not shown to be present during service or are not considered disabling.

The Veteran's appeal for higher ratings on multiple conditions, including lumbar sprain and migraine headaches, was denied. The Veteran's lumbar sprain is currently rated at 10 percent.

The Veteran's postoperative hemorrhoids with perirectal abscess and fissures disability is currently rated as 20 percent disabling, effective April 1991. The claim for a higher rating remains denied.,A separate compensable evaluation for pruritus ani is not assignable.,The reduction of the schedular disability rating from 30 percent to noncompensable for prolapse of the rectum was improper and is void ab initio.,There has been no formal claim, informal claim, or written intent to file a claim of service connection for asbestos lung disease prior to December 19, 2002. The effective date for this grant remains denied.,There has been no formal claim, informal claim, or written intent to file a claim of service connection for peripheral vascular disease prior to July 27, 2006. The effective date for this grant remains denied.,There has been no formal claim, informal claim, or written intent to file a claim of service connection for glaucoma prior to November 27, 2007. The effective date for this grant remains denied.

The Board has determined that new and material evidence has been received to reopen the claim for service connection for sinusitis. The Veteran had chronic symptoms of sinus problems during service, and there is equipoise on whether she experienced continuous post-service symptoms.

The Board denied service connection for various conditions, including right elbow disability, pharyngitis, low back disability, left shoulder disability, and right knee disability. The Veteran's claims for hypertension (secondary to sleep apnea), right foot disorder, and bowel and bladder impairment were also denied.

The Veteran's residuals of septectomy/rhinoplasty, allergic rhinitis, and sinusitis have been granted service connection as secondary to his service-connected nasal conditions.

The Board has granted service connection for dermatitis, finding that the Veteran's skin condition had onset during active service. The Board denied service connection for low back disorder and sinusitis due to lack of evidence linking these conditions to service. Service connection was also denied for left carpal tunnel syndrome as there is no evidence showing it began in service.

The Veteran's service-connected disabilities do not preclude him from obtaining and maintaining substantially gainful employment.