Sinusitis decisions — 2015

The Board has remanded the case due to issues related to scheduling a videoconference hearing for the Veteran, who is incarcerated.

The Veteran is entitled to a total disability rating based on individual unemployability (TDIU) as of September 25, 2008 due to his service-connected disabilities. He was also granted special monthly compensation at the housebound rate.

The Veteran's claims for increased ratings for bilateral hearing loss and sinusitis were granted, but the Board found that the evidence did not meet the criteria for a higher rating under the applicable VA rating schedule.

The Veteran's service-connected disabilities do not prevent him from obtaining or maintaining a substantially gainful occupation.

The Veteran's claim for service connection for sleep apnea has been reopened, but the evidence does not support a grant of service connection.,The Veteran does not have bilateral hearing loss or tinnitus that can be attributed to his period of active military service.,There is no evidence showing chronic ingrown toenails were incurred during service.,Service connection for allergic rhinitis/sinusitis and cellulitis are addressed in the REMAND portion of this decision.,The Veteran's asthma has been evaluated at 60 percent since January 2003, but a reduction to 30 percent was implemented due to material improvement not being demonstrated by a preponderance of evidence.

The Board found that the Veteran's current diagnosis of chronic sinusitis is not related to his military service, including exposure to jet fuel. The evidence does not support a finding of in-service incurrence or aggravation of a disease or injury resulting in sinusitis.

The Veteran's supraventricular tachycardia with arrhythmia is rated at 30 percent since January 26, 2011.,The Veteran's sinusitis is rated at 30 percent effective from September 24, 2014.

The Board found that the Veteran's sinusitis and breathing problems were not incurred in or aggravated by service, as there was no credible evidence of an event, injury, or disease during service. The pre-service diagnosis is considered a pre-existing condition.

The Board has determined that the Veteran's right shoulder disability, sinusitis, and bilateral hearing loss are service-connected. However, his claim for bilateral hearing loss is denied as there is no evidence of a current hearing loss disability.

The Veteran's service-connected IBS renders him unable to obtain or maintain substantially gainful employment, and the claim for major depressive disorder is no longer in dispute. Service connection has been established for a spinal disability (S1 grade 1 spondylolisthesis with symptomatology that manifested within one year of separation from active duty). The Veteran's weight loss condition does not manifest during or as a result of active military service, and the claim for chest pain is reopened but denied. Evidence received since the September 1997 rating decision is both new and material and raises a reasonable possibility of substantiating the Veteran's claims of service connection for bilateral shoulder pain, bilateral knee pain, headaches, and sinusitis.

The Veteran's claim for service connection for a nasal disorder, including sinusitis, due to jet fuel exposure is being remanded as the complete service treatment records and relevant VA treatment records have not been obtained. The Board also requests a new examination by an examiner with appropriate expertise to evaluate the Veteran's nasal and/or sinus symptoms.

The Board denied service connection for sinusitis and granted service connection for rhinitis with an initial noncompensable rating. The Veteran's sinusitis claim was not substantiated, while his rhinitis claim resulted in a grant of service connection but no compensable rating.

The Veteran's claim for a compensable rating for his service-connected maxillary and ethmoid sinusitis is remanded due to the inadequacy of the VA examination report. A new examination must be conducted, with consideration of all relevant periods on appeal.

The Veteran's claim for TDIU benefits is being remanded due to the need for additional development, including scheduling a VA examination and obtaining outstanding VA treatment records.

The Veteran's claims for increased ratings are being remanded to the AOJ for further consideration, including an extraschedular evaluation based on multiple disabilities.

The Board has determined that additional development is needed to properly adjudicate the Veteran's claim for TDIU, including obtaining VA treatment records and conducting a new examination.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and conducting examinations to assess the severity of his PTSD and other service-connected disabilities. The TDIU claim will also be considered.

The Veteran's appeal is remanded due to the need for additional development, including obtaining medical records and scheduling an audiometric examination. The issues of entitlement to a compensable rating for bilateral hearing loss, sinusitis, and service connection for type II diabetes mellitus are being addressed.

The Board denied service connection for headaches as a primary and separately manifested disability, finding that they are part of his service-connected sinusitis or obstructive sleep apnea disabilities. The rating for left ear hearing loss remains unchanged.