Sinusitis decisions — 2014

The Veteran's service-connected disabilities alone are not of such severity to preclude substantially gainful employment prior to August 6, 2010.

The Veteran's sinusitis is rated at 30 percent, effective August 19, 2009. His coronary artery disease is rated at 30 percent, also effective August 19, 2009.

The Veteran's low back strain was increased to a 20 percent rating effective from April 7, 2011. His allergic rhinitis with occasional sinusitis remains noncompensably (zero percent) disabling.

The Board found that the Veteran's left knee disability, left foot disability, sinusitis, and heart disability are not related to service or service-connected conditions. The claims for these disabilities were denied.

The Board denied the Veteran's claims for increased ratings for sinusitis and left ankle disability, finding that a 50% rating is warranted for sinusitis but not granting higher ratings. The left ankle disability was rated as 20%, with no increase granted.

The Veteran's claims for service connection for tinnitus and chronic sinusitis were denied. The Board found that the evidence did not support a compensable disability rating for chronic sinusitis, as there was no documentation of incapacitating episodes requiring prolonged antibiotic treatment or three to six non-incapacitating episodes per year characterized by headaches, pain, and purulent discharge or crusting. For tinnitus, service connection was granted based on noise exposure during active service.

The Veteran's appeal is being remanded for additional development, including obtaining service medical records and scheduling examinations to determine the nature and etiology of his claimed conditions.

The Veteran's appeal is being remanded to the RO for additional development, including scheduling a Board hearing at the RO.

The Board finds that additional development is necessary to determine the current severity of the Veteran's left shoulder condition, as well as his service connection claims for cervical spine disability, bilateral pes planus, plantar fasciitis of the right foot, and sinusitis. The Veteran also needs a VA examination to address whether any current foot disorders are related to service.

The Veteran's service-connected depression is found to be the primary cause of his sleep disorder and chronic fatigue, which are granted as secondary to this condition.

The Board has granted service connection for a skin disorder, including seborrheic dermatitis, acne and tinea versicolor. The Veteran's sinusitis is found to be chronic and related to service.

The Veteran's claim for residuals of cold injuries of the hands and feet (claimed as frostbite) is denied because there are no separate and distinct manifestations not already associated with service-connected conditions.,Service connection for a sinus condition, to include left-frontal sinusitis and allergic rhinitis, is denied due to lack of evidence showing an in-service injury or disease that resulted in current symptoms. The Veteran's currently-diagnosed allergic rhinitis is attributed to environmental allergens rather than military service.

The Board has reopened the Veteran's claims for service connection for various conditions, but has denied each claim on the merits. The Veteran does not have a current diagnosis of residuals of electrical shock or second degree burns of either lower extremity. Pes planus pre-existed service and did not increase in severity during service. Shin splints are not shown to be causally related to any disease, injury, or incident during service.

The Board has granted service connection for a cervical spine disability due to aggravation during active duty. The Veteran's tinnitus claim is denied as she did not file an informal claim prior to January 9, 2009.

The Board has granted the Veteran's claims of service connection for right knee, right hip, low back, and right hand disabilities. The claim for sinusitis was withdrawn by the Veteran during his hearing. Service connection is also granted for left shoulder impingement with AC joint arthritis.

The Veteran's sinusitis has been controlled by medication and manifested only by X-ray evidence. The Board finds no basis for a compensable rating at any time.

The Veteran's sinusitis and rhinitis are rated at 50 percent, the maximum schedular rating for chronic pansinusitis. The right ear lesion is service-connected as a result of in-service sun exposure.

The Board found that the Veteran's sinusitis did not begin during active duty service and is not related to any incident of his period of active duty service.

The Veteran's combined rating due to service-connected disabilities is 70%, which meets the criteria for a TDIU. However, his unemployability is not due to his service-connected conditions but rather to nonservice-connected cognitive dysfunction and retirement from two careers.

The Board denied the Veteran's claim for service connection for sleep apnea, finding that it was not incurred or aggravated by his military service and is not proximately due to a service-connected disability.