Sinusitis decisions — 2013

The Veteran's service-connected migraine headaches, hemorrhoids, gastroesophageal reflux disease (GERD), and left leg deep vein thrombosis (DVT) were granted increased ratings. The Veteran's bilateral hearing loss, low back disability, cervical spine disability, sinusitis, right knee disability, and bilateral plantar fasciitis issues remain unresolved.

The Veteran's claims for increased ratings for sinusitis, gastroenteritis, low back disability, and left knee disability were denied as the evidence did not meet the criteria for higher ratings under VA rating criteria.

The Veteran's appeal is being remanded for an examination to assess the current severity of his sinusitis and to obtain additional, relevant VA and private treatment records.

The Board has decided to remand the case for additional development, including obtaining an examination and opinions regarding whether the Veteran's headaches are secondary to his service-connected sinusitis or if they were incurred in service.

The Veteran's service-connected bilateral maxillary sinusitis does not meet the criteria for a higher disability rating as it is not productive of three or more incapacitating episodes per year requiring bed rest and treatment by a physician, or more than six non-incapacitating episodes per year characterized by headaches, pain, and purulent discharge or crusting.

The Board has determined that the Veteran does not have a current disability for any of his claimed conditions, and there is no evidence to support service connection for these disorders.

The Veteran's service-connected allergic rhinitis and sinusitis have not been shown to meet the criteria for a compensable rating under VA's rating schedule.

The Veteran's claim for an extra-schedular rating and TDIU was denied. The Board found that the evidence did not support entitlement to an extra-schedular rating, as no unusual or exceptional disability picture had been demonstrated. For TDIU, the combined evaluation of 80% met the minimum requirements but the Veteran's service-connected disabilities were deemed insufficient for a finding of unemployability.

The Veteran's claim for an earlier effective date for the grant of service connection for chronic sinusitis with sinus headaches claimed as allergies was denied. The Board found that a more appropriate effective date is May 20, 2006, based on new and material evidence submitted by the Veteran.

The Veteran's appeal is being remanded due to the need for a Board videoconference hearing at the San Juan RO.

The Veteran does not have any of the claimed conditions that are related to his service.

The Board found that the Veteran does not have current pharyngitis, sinusitis, or duodenal ulcer due to service. The claims are therefore denied.

The Board has determined that the Veteran's service-connected rhinosinusitis is at least as likely as not a contributing factor to his obstructive sleep apnea, warranting secondary service connection.

The Veteran's appeal is remanded for additional VA examinations to determine his ability to obtain and maintain substantially gainful employment due to his service-connected disabilities, without considering nonservice-related factors such as age. The claim will be readjudicated after the examination reports are received.

The Veteran's maxillary and ethmoid sinusitis is not productive of incapacitating or non-incapacitating episodes of sinusitis, as required for a compensable rating. The disability has been rated at the lowest possible level.

The Board has determined that the Veteran's current gastrointestinal disability is related to active service, and his nasal disability does not appear to be related to active service.

The Board has determined that new and material evidence has been received to reopen the claims for service connection for pes planus and sinusitis. The Veteran's conditions are as likely as not related to his periods of active duty.

The Board has decided to remand the claim for further development due to insufficient evidence and conflicting medical findings. The Veteran needs a VA examination to clarify her current symptomatology, including the extent of nasal obstruction prior to and since her December 2008 surgery.

The Veteran's appeal was denied across multiple issues, including PTSD, fibromyalgia, pulmonary sarcoidosis with asthma, tendonitis of the left ankle, retropatellar pain syndrome (myxoid degeneration) of both knees, human papilloma virus, carpal tunnel syndrome, and other conditions. The appeals were not granted for any of these issues.

The Veteran's initial claim for a compensable disability evaluation for service-connected sinusitis was denied by the Board. The evidence showed that while the Veteran experienced daily headaches, there were no other symptoms such as purulent discharge or crusting required for higher ratings under VA regulations.