Sinusitis decisions — 2013

The Board has determined that the Veteran's service-connected disabilities, including hypertension, degenerative arthritis in both knees, traumatic arthritis in the elbow, pes planus, chronic low back strain, and chronic sinusitis, contributed to his death from an overdose of propoxyphene. The Board finds that these conditions were directly related to the cause of death.

The Veteran's claims for service connection were denied as his claimed conditions are not related to his military service or any incident of service. The Board found that the current disabilities are unrelated to his active duty and do not meet the criteria for service connection.

The Veteran's appeals for increased ratings for PTSD and sinusitis have been withdrawn, resulting in the dismissal of the appeal.

The Board has granted service connection for a sinus disorder, including chronic sinusitis and allergic rhinitis. The preponderance of the evidence supports this finding.

The Veteran's sinusitis has been manifested by symptoms that more nearly approximate more than six non-incapacitating episodes per year of sinusitis characterized by headaches, pain, and purulent discharge or crusting. The criteria for an initial disability rating of 30 percent for sinusitis have been met throughout the period of appeal.

The Veteran's claims for increased ratings for sinusitis, rhinitis associated with sinusitis, and external otitis were denied. The Board found that the evidence did not show three or more incapacitating episodes of sinusitis per year requiring prolonged antibiotic treatment, or more than six non-incapacitating episodes characterized by headaches, pain, and purulent discharge or crusting.

The Board denied the Veteran's claims for service connection for sinusitis and increased ratings for his right and left knee disabilities, finding that there was no evidence linking current symptoms to service.

The Veteran's claims for service connection were granted, with a 10% evaluation assigned for his irritable bowel syndrome with duodenal ulcer and hiatal hernia. The headaches, COPD, GERD, and erectile dysfunction are all considered to be related to the service-connected condition of irritable bowel syndrome.

The Veteran's claim for bilateral hearing loss is being remanded due to the need for further development. The other claims are currently in a state of pending status.

The Board has remanded the Veteran's claims due to insufficient evidence regarding his thoracic kyphosis and additional development is needed for other issues.

The Board denied the Veteran's claims for service connection for various conditions, including left knee injury, low back disorder, bilateral shoulder disorders, hypertension, erectile dysfunction, obstructive sleep apnea, restless leg syndrome (RLS), and sinusitis. The decision is based on a finding that these conditions are not related to military service.

The Board has determined that the Veteran's service-connected lumbar disk herniation should be reduced from a 100% evaluation to a 20% evaluation effective May 1, 2010. The reduction was proper as it followed all procedural requirements.

The Veteran's service-connected disabilities, including chronic sinusitis, allergic rhinitis with pharyngitis, Parkinson's disease, bilateral cataracts associated with diabetes mellitus, and peripheral neuropathy of the left and right lower extremities, have rendered him unable to secure or follow a substantially gainful occupation. The Board finds that his service-connected conditions alone are sufficient for TDIU.

The Board has remanded the case for additional development, including scheduling a VA spine examination and an addendum to the January 2010 VA examination report regarding sinusitis. The Veteran's increased rating claims for back disability and right maxillary and frontal sinusitis will be reconsidered after this additional development.

The Board found no evidence of chronic sinusitis or hypertension during service and denied the Veteran's claims for service connection on this basis. The Board also noted that there was no medical opinion linking current hypertension to diabetes.

The Veteran's appeal for service connection on the issues of right shoulder, right knee, left knee, bilateral eye disorder, right ear hearing loss, and sinusitis has been withdrawn.

The Veteran's appeal for an increased rating for sinusitis, to include entitlement to a separate rating in excess of 30 percent for sinus headaches, effective from December 16, 2011, has been withdrawn by the appellant's representative.

The Veteran's claims for service connection were denied. The Board found that the evidence did not support a current diagnosis of bronchitis, chronic sinusitis, or recurrent pharyngitis. For his rhinitis and ring finger fracture, initial compensable evaluations were granted. However, the GERD claim was denied as there was no significant impairment.

The Board denied the Veteran's claims of service connection for sinusitis and a pulmonary disorder, finding that his conditions were not related to his active service.

The Veteran's hypertension and sinusitis claims are being remanded due to the need for additional development, including obtaining VA treatment records and a VA examination. The issue of an initial compensable rating for sinusitis is also being addressed.