Sinusitis decisions — 2014

The Board has remanded the Veteran's claims for hypertension and sinusitis to obtain additional medical opinions regarding the etiology of his conditions, as well as to clarify the relationship between his service-connected sinusitis and any other diagnosed conditions. The Veteran will be provided an opportunity to respond to these actions.

The Board has determined that the Veteran's sleep apnea is causally related to his service-connected disabilities, including PTSD, diabetes, hypertension, and sinusitis.

The Board has reopened the Veteran's claim for service connection for recurrent episodes of bronchitis and granted it, finding that new evidence supports a reopening of the claim. The Veteran does not have a current respiratory disorder other than recurrent episodes of bronchitis.

The Veteran's appeal has been withdrawn due to the appellant requesting withdrawal of the appeal.

The Veteran's claims for increased ratings for left and right carpal tunnel syndrome, as well as her claim for a compensable rating for sinusitis, were denied by the Board. The evidence did not support higher disability ratings.,The Veteran was found to have moderate incomplete paralysis of the left median nerve and mild incomplete paralysis of the right median nerve, which do not warrant ratings in excess of 20 percent or 10 percent, respectively. Her sinusitis has been noted as asymptomatic during the appeal period.

The Board found that the evidence does not support a finding of service connection for sinusitis and allergic rhinitis, as there is no credible evidence linking these conditions to service.

The Board found no evidence of a current diagnosis of a sinus disability and denied the Veteran's claim for service connection.

The Board found that the Veteran's preexisting allergic rhinitis increased in severity during active military service and granted service connection for his current sinusitis, which is considered a continuing disease process.

The Board has determined that the Veteran's headaches are a contemplated symptom of his service-connected sinusitis and thus does not meet the criteria for separate disability rating. The claim is denied.

The Veteran's appeal is being remanded due to the need for a Travel Board hearing. The issues include claims for initial ratings and service connection.

The Veteran's service-connected disabilities render him unemployable, and the Board grants his claim for a TDIU.

The Veteran's service-connected disabilities, including PTSD and panic disorder without agoraphobia, bicipital tendinitis of the bilateral shoulder, chondromalacia patella of the bilateral knee, sinusitis, hypertension, tension headaches, pes planus, and hiatal hernia with gastroesophageal reflux disease, render him unemployable for the period since March 25, 2011.

The Veteran's appeal to establish that his substantive appeal was timely filed regarding the May 2007 rating decision was denied. The Board also found that his appeals for earlier effective dates and increased ratings were not timely filed.

The Board found that the Veteran's service-connected bronchitis and sinusitis did not cause or contribute to his death due to cardiac arrest, lung cancer, and hypertension. The medical opinions concluded that these conditions were not related to his death.

The Board found that the Veteran's cause of death, a subdural hematoma due to a probable head trauma resulting from a fall, was not caused by or aggravated by any service-connected condition.

The Veteran's TDIU claim is being remanded for further development, including a VA examination to assess his employability due to service-connected disabilities. The case will be referred to the Director of Compensation and Pension Service if additional schedular criteria are not met.

The Veteran's service connection claim for bilateral movable axillary nodes is denied as there is no current evidence of the condition. The Board finds that his allergic rhinitis with sinusitis warrants a 30 percent rating, but does not meet criteria for an increased rating higher than 10 percent. His TDIU claim is also denied.

The Veteran's service connection claim for tinnitus is granted, and his chronic sinusitis is rated at the highest available rating of 50 percent.

The Board finds that a compensable rating is not warranted for the Veteran's sinusitis. The evidence does not show more than episodes of sinusitis involving headaches, pain, and purulent discharge or crusting in any 12 month period during the appellate period.

The Veteran's claim for service connection for sinusitis was denied as there is no evidence of a diagnosis or treatment in service, and the current condition is not related to service.,The Veteran's claim under 38 U.S.C.A. § 1151 for disability compensation due to medical treatment from July 2006 to March 2007 was denied as there is no evidence that the additional disability was caused by VA carelessness, negligence, or similar fault.