Sinusitis decisions — 2012

The Board found that the Veteran's migraine headaches, sinusitis and allergic rhinitis, low back disability, and skin disorder were not incurred in or aggravated by active service. The diagnoses of these conditions are less likely than not related to any event or incident during her military service.

The Board has determined that the Veteran's injuries in a July 1958 automobile accident were not incurred in the line of duty due to his own willful misconduct. As such, service connection for PTSD, nasal injuries, and sinusitis is denied.

The Veteran's claim for a higher rating for his benign prostatic hypertrophy with prostatism has been granted, effective September 18, 2006. The effective date of the increased disability evaluation is determined to be September 18, 2006.

The Veteran's appeal is being remanded due to the need for additional medical examinations and records review, particularly regarding her service connection claims for various respiratory disabilities.

The Veteran is seeking service connection for sinusitis. The Board has remanded the case for additional development, including a VA examination.

The Board has determined that the Veteran's chronic sinus disorder, including sinusitis and rhinitis, is at least as likely as not related to his service in Southwest Asia during his second period of active duty.

The Veteran's claim for nonservice-connected death pension benefits is denied as he did not serve during a period of war, thus failing the threshold eligibility requirement.

The Board has determined that the Veteran's fatal intracerebral hemorrhage was not caused or aggravated by his service-connected conditions, and therefore, denied the claim for service connection for the cause of death.

The Board has determined that the Veteran does not have a service connection for hepatitis C or any other condition, and thus denied all claims.

The Veteran's appeal is being remanded to the RO for scheduling a hearing before a Veterans Law Judge at the RO. The claims of service connection for sinusitis and asthma are on appeal, as well as an initial compensable rating claim for left foot status post arthroplasty with hemiphalangectomy of the fifth digit due to hammertoe and painful corn.

The Board has decided to remand the Veteran's claims for additional development due to outstanding VA treatment records and a need for another VA examination.

The appellant's combined disability rating is 70%, which does not meet the criteria for a TDIU as his disabilities are service-connected and do not prevent him from obtaining and maintaining substantially gainful employment.

The Veteran's appeal includes claims for increased evaluations for asthma, sinusitis, and allergic rhinitis. The Board has determined that the effective date of service connection for asthma should be in July 1983, not February 9, 1998 as previously decided. Additionally, VA must obtain all relevant medical records to support these claims.

The Veteran's recurrent sinusitis with seasonal allergic rhinitis and migraine headaches are currently rated at 30 percent, but no higher. The Board finds that the current ratings adequately reflect the severity of her service-connected conditions.

The Board found that the Veteran does not have current chronic maxillary sinusitis and denied his claim for service connection.

The Veteran's appeal is being remanded for additional development, including an addendum opinion from the VA examiner to clarify whether post-service diagnoses of bronchitis and sinusitis are acute infections or chronic diseases related to service.

The Veteran's claim for an effective date prior to October 12, 2004, for the grant of service connection for her service-connected disabilities was denied as she did not file a formal or informal claim prior to that date.

The Veteran's allergic rhinitis and recurrent acute sinusitis have been rated at 10 percent since October 5, 2009. The rating is based on the current manifestations of his conditions rather than service connection.

The Veteran's service-connected chronic sinusitis is currently rated at 10 percent, the maximum schedular rating. The evidence does not show incapacitating episodes or more than six non-incapacitating episodes per year.

The Veteran's tuberculosis claim is denied as there is no current diagnosis. The reductions in disability ratings for COPD and sinusitis are also denied due to lack of evidence showing improvement or change in the disabilities.