Sinusitis decisions — 2013

The Board found that the Veteran does not have a current sinus disability, but has been diagnosed with rhinitis. The claim for service connection for sinusitis and/or rhinitis on a direct basis was denied as there is no evidence of a chronic condition in service or continuity of symptomatology since service.

The Veteran's chronic sinusitis has been rated at 30 percent since March 12, 2012. The initial rating for the condition remains unchanged.

The Board has determined that the Veteran does not have a current left forearm disorder, right heel injury residuals, or any of the other claimed conditions. Therefore, service connection for these conditions is denied.

The Board has granted service connection for athlete's foot, which represents a full grant of the benefit sought.

The Veteran has withdrawn her appeals concerning the propriety of reducing her sinusitis disability rating from 30 percent to 0 percent and for a compensable rating prior to December 8, 2012, and a higher rating since.

The Board has determined that additional development is needed to properly adjudicate the Veteran's claims for service connection, including VA examinations and obtaining relevant medical records.

The Board denied the Veteran's claims for a compensable disability rating prior to December 27, 2010, and for a disability rating greater than 10 percent effective December 27, 2010, for service-connected atopic rhinosinusitis.

The Board has determined that the Veteran's sinusitis did not have its clinical onset in service and is not otherwise related to active service. As such, the claim for service connection for sinusitis is denied.

The Board finds that the Veteran does not have a current sinusitis disability and there is no evidence linking his claimed condition to service or any other relevant factor. Therefore, service connection for sinusitis with characteristics of congestion is denied.

The Veteran does not have chronic nasal allergies, to include sinusitis and/or rhinitis, that are causally related to his military service.

The Veteran's sleep apnea was not incurred in or aggravated by service, and it may not be presumed to have been incurred during service.,As the Veteran's claimed sleep degradation/deprivation/insomnia is already rated under his service-connected psychiatric disability, the appeal for service connection for this complaint is dismissed.,The criteria for an initial disability rating of 30 percent, but no more, for an acquired psychiatric disorder have been met throughout the appeal period.,The Veteran's right knee disability has not been productive of flexion less than 45 degrees, extension greater than zero, or lateral instability or subluxations; but it has been productive of less than full flexion and pain on motion throughout the appeal.,The criteria for an initial disability rating higher than 10 percent for migraine headaches have not been met at any time during the appeal period.,There being no justiciable case or controversy, the appeal for an initial disability rating higher than 50 percent for sinusitis beginning November 17, 2011, is dismissed.,There being no justiciable case or controversy, the appeal for an initial disability rating higher than 10 percent for allergic rhinitis beginning November 17, 2011, is dismissed.,The criteria for a rating of 50 percent for sinusitis from May 2, 2007, to November 17, 2011, are met; and the criteria for a rating of 10 percent, but no more, for allergic rhinitis from May 2, 2007, to November 17, 2011, are met.

The Board found that the Veteran's current sinusitis is not related to his military service, including any in-service treatment for sinus issues. The VA examiner concluded there was no evidence of chronic sinusitis and provided a rationale based on the medical records.

The Veteran's sinusitis is related to service and the Board finds that service connection for sinusitis must be granted.

The Veteran's claims for service connection for a skin disability, vertigo, upper respiratory disability, and gastrointestinal disability were denied. The Board found that the conditions did not have their onset in service or were not caused by service.

The Veteran's sinusitis was granted a 10% rating prior to April 3, 2012 and a 30% rating thereafter. The Veteran's allergic rhinitis is not compensable. The organic brain syndrome secondary to anoxia is also not compensable.

The Veteran's appeal is being remanded for additional development, including a VA examination to determine if his service-connected disabilities render him unemployable. The case will be returned to the Board for further consideration.

The Veteran's claims for glaucoma, sinusitis, sleep apnea, diverticulitis, and chloracne were denied as there is no evidence of a current disability or a link to service.

The Veteran's service-connected paranasal sinus disease and duodenal ulcer with gastroesophageal reflux and irritable bowel syndrome do not preclude him from securing and following a substantially gainful occupation.

The Veteran's TDIU claim is being remanded for additional development, including obtaining a medical opinion and reviewing SSA disability determination records.

The Board has determined that the Veteran's injuries in the July 1958 automobile accident were due to his own willful misconduct, and thus not incurred in the line of duty. As a result, service connection for acquired psychiatric disorders, other than depression; residuals of nasal injuries, to include a deviated septum; and sinusitis is denied.