Sinusitis decisions — 2012

The Veteran's service-connected allergic rhinitis and sinusitis are not manifested by polyps, and the disability does not warrant a higher rating under any applicable diagnostic code.

The Board denied the appellant's claims for service connection for the cause of the Veteran's death and DIC benefits, finding that COPD and hypertension were not related to service or a service-connected disability.

The Board found that the Veteran's claimed respiratory disorders (sinusitis, chronic allergic rhinitis, and chronic bronchitis) are not shown to be causally or etiologically related to his military service.

The Board has remanded the case for additional development, including obtaining medical records and scheduling VA examinations to assess the severity of the Veteran's service-connected disabilities.

The Board has determined that new and material evidence has been submitted to reopen the Veteran's claim for service connection for sinusitis, which was previously denied in March 1992. The Veteran contends his current chronic sinusitis is related to exposure to gas chambers during service.

The Veteran's service-connected disabilities do not prevent him from engaging in substantially gainful employment, as a non-service connected disability causes his employment limitations.

The Board has reopened the Veteran's claim for service connection for chronic headaches and a respiratory disorder, including sinusitis also claimed as allergies. The evidence is at least in equipoise as to whether these conditions were incurred during service.

The Veteran's claim for an increased rating greater than ten percent for bilateral maxillary sinusitis is being remanded due to the need for additional medical records and a new examination.

The Veteran's service-connected rhinosinusitis is characterized by nasal polyps and symptoms most closely approximating constant sinusitis with headaches, pain, and tenderness of affected sinus, as well as purulent discharge after repeated surgeries. The Board has determined that a disability evaluation of 50 percent throughout the appeal period is appropriate.

The Veteran withdrew his appeal regarding the issue of whether new and material evidence had been submitted to reopen a claim for entitlement to service connection for lipomas. The remaining issues of compensable ratings for bilateral hearing loss and sinusitis are remanded.

The Veteran's service-connected disabilities (right ear hearing loss, sinusitis, rhinitis) are rated as zero percent in combination and do not meet the criteria for a TDIU.

The Veteran's claims for service connection are being remanded due to the need for additional development, including a VA examination and an opinion regarding the etiology of his claimed conditions.

The Board has determined that the Veteran's sinusitis warrants an initial noncompensable rating from May 9, 2008 to December 10, 2009 and a subsequent initial 30 percent rating beginning December 11, 2009.

The Veteran's appeal for initial compensable evaluations for nasal fracture residuals and sinusitis was denied. A 10 percent evaluation has been granted for the Veteran's nasal fracture residuals, but a rating under 38 C.F.R. § 3.324 may not be assigned due to his already received 10 percent evaluation.

The Veteran's petition to reopen the claim for service connection for a right eye disability was granted, and he is now entitled to service connection for this condition.,The Veteran's petition to reopen the claim for service connection for hypertension was granted, and he is now entitled to service connection for this condition based on evidence linking it to Agent Orange exposure or as secondary to other conditions.

The Veteran's sinusitis is currently rated at 10 percent, and the Board finds that a higher rating is not warranted based on the evidence provided.

The Veteran's chronic rhinitis, a respiratory disability, had its onset in service and is related to his active duty. The Board has granted service connection for this condition.

The Board has reopened the claim for service connection for sinusitis and granted it on its merits. The claims for service connection for low back pain and sleep apnea are remanded to further develop evidence.

The Board has granted a 30 percent disability rating for service-connected sinusitis, effective May 15, 2012. The Veteran's condition is characterized by four or more incapacitating episodes per year of sinusitis requiring prolonged antibiotic treatment.

The Veteran's claims for higher evaluations were denied. The Board found that the evidence did not meet the criteria for a higher evaluation in any of the periods specified.