Sinusitis decisions — 2016

The Veteran's sinusitis has not resulted in three or more incapacitating episodes per year requiring prolonged antibiotic treatment, or six non-incapacitating episodes per year with headaches, pain, and purulent discharge or crusting. Therefore, the criteria for a rating in excess of 10 percent have not been met.

The Board has remanded the case for further development, including an opinion on whether the Veteran's sleep apnea is caused or aggravated by his service-connected maxillary sinusitis and/or allergic rhinitis.

The Veteran's right wrist, recurring ear infections and sinusitis disabilities were incurred in service or are otherwise etiologically related to his active service.

The Veteran's sinusitis and allergic rhinitis have been rated at 30 percent, the maximum available under the rating schedule.

The Veteran's appeals for increased ratings and reopening of previously denied claims were denied. The Board found that new evidence did not meet the criteria to reopen his claim for service connection for a deviated nasal septum.

The Veteran's appeal is being remanded for clarification of her preferred hearing type and scheduling a new hearing.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling examinations to address the nature and etiology of his gastrointestinal condition(s), peripheral neuropathy of the upper and lower extremities, and headaches.

The Veteran's Meniere's disease is found to have been incurred during service, and he is granted service connection. However, his sinusitis does not meet the criteria for a rating higher than 10 percent.

The Board has decided to remand the case for additional development, including obtaining updated VA treatment records and an opinion from a different VA sleep specialist regarding the nature and etiology of the Veteran's sleep apnea.

The Board denied service connection for upper respiratory disability, headaches, and lipoma at the left temple or its residuals due to lack of evidence linking these conditions to active duty service.

For the period prior to May 14, 2014, the Veteran's service-connected allergic rhinitis was manifested by mild symptoms without obstruction of the nasal passages or polyps. For the period from May 14, 2014, the condition has been characterized by greater than 50 percent obstruction of the nasal passages on both sides with permanent hypertrophy of the nasal turbinates and no polyps.,For the period prior to October 2013, the service-connected sinusitis was productive of three to six non-incapacitating episodes per year of sinusitis characterized by headaches, pain, tenderness, crusting, and purulent discharge. For the period from October 2013, the condition has been manifested by six or more non-incapacitating episodes per year of sinusitis characterized by headaches, pain, tenderness, crusting, and purulent discharge.

The Veteran's TDIU claim is being remanded due to the need to adjudicate her service connection claims for migraine headaches and degenerative joint disease of the cervical and lumbar spine. The case will be returned to the Board after these issues are resolved.

The Veteran's claims for increased ratings for migraine headaches and status post septoplasty with chronic sinusitis were denied. The Board found that the evidence did not meet the criteria for a higher rating under the applicable diagnostic codes.

The Board has withdrawn the claims of entitlement to service connection for chronic sinusitis and low back disability due to a request by the Veteran's representative. The Veteran is found to have irritable bowel syndrome, which was incurred in military service and is considered a qualifying chronic disability under Persian Gulf War criteria. Neurological symptoms in both upper and lower extremities are also considered as an undiagnosed illness related to military service.

The Board found that the Veteran's sinusitis does not meet the criteria for a higher evaluation, as it did not present with near-constant symptoms or chronic osteomyelitis following radical surgery. The current 30 percent rating is maintained.

The Veteran's appeal for an initial compensable rating for left knee disability has been withdrawn. The remaining issues of increased ratings for hepatitis C, sinusitis, and degenerative disc disease of the lumbosacral spine are being remanded.

The Board found that the Veteran does not have a current diagnosis of any of the claimed conditions and thus denied service connection for all issues.

The Board has found that the Veteran's recurrent upper respiratory signs and symptoms, including sinusitis, are due to an undiagnosed illness manifested during his service in the Southwest Asia theater of operations. Service connection is granted for this condition.

The Veteran's appeal is being remanded due to his failure to appear for a scheduled Board hearing. His claims for service connection are still pending.

The Veteran's claims for service connection and initial ratings are being remanded due to the need for additional development, including obtaining medical records and providing new VA examinations.