Sinusitis decisions — 2016

The Board has determined that new and material evidence has been received to reopen the claims for service connection for peptic ulcer, nerve damage in the back as secondary to left knee disability, chronic back pain as secondary to left knee disability, sinusitis, headaches, and left ear condition (otitis externa). The Veteran's current rating for hemorrhoids remains at 10%.

The Board has determined that the Veteran's bilateral pes planus, sarcoidosis, acquired psychiatric disorder (including PTSD and MDD), glaucoma, and chronic sinusitis are all service-connected based on direct evidence of their onset during military service.

The Board has reopened the claims for service connection for allergic rhinosinusitis, malaria, bilateral flat feet, and conjunctivitis. However, it denied reopening of the claims for TMJ, right shoulder disability, and other conditions due to lack of new and material evidence.

The Veteran's request for an extension of the delimiting date beyond June 22, 2009 for Chapter 30 educational benefits was denied as there is no medical evidence to establish that pursuing a program of education due to physical or mental disabilities was medically infeasible.

The Board has remanded the case due to the need for a Statement of the Case (SOC) regarding whether new and material evidence has been received to reopen previously denied claims for service connection.

The Veteran's appeals have been withdrawn, and the claims are dismissed.

The Veteran's appeal is being remanded due to the need for additional medical opinions and development of records. The issues include service connection claims for bilateral hearing loss, tinnitus, hypertension, chronic sinusitis, and sleep apnea.

The Veteran's appeal is remanded for a VA examination to address the nature and etiology of any respiratory disorder diagnosed during the pendency of this appeal, including sinusitis, bronchitis, nonallergic rhinitis, allergic rhinitis, and chronic sinusitis. The examiner should determine if these conditions are at least as likely as not related to service or a nasal flu mist administered in November 2006.

The Board has determined that the Veteran's rhinosinusitis does not meet or approximate the criteria for a rating higher than 10 percent, as there were no incapacitating episodes of sinusitis requiring prolonged antibiotic treatment and less than six non-incapacitating episodes per year characterized by headaches, pain, and purulent discharge or crusting.

The Board has remanded the case for scheduling a Travel Board hearing due to the Veteran's request. The appeal is not about service connection at this stage.

The Veteran's sinusitis is currently rated at 30 percent for the period prior to February 15, 2012, and a compensable rating (30 percent) thereafter.,The Veteran's allergic rhinitis does not meet the criteria for a compensable rating.

The Veteran's sinusitis is found to be proximately due to his service-connected allergic rhinitis, and he has been granted service connection for this condition on a secondary basis. The claims for OSA and ED are not addressed in the decision.

The Veteran's claims for service connection for chronic sinusitis, increased rating for headaches, and initial disability rating for asthma are being remanded due to the need for additional examinations and consideration of new evidence.

The Board has remanded the case for additional development, including scheduling VA examinations and obtaining medical records. The Veteran's claims for service connection for sinusitis and bilateral upper extremity carpal tunnel syndrome will be reconsidered based on the new evidence.

The Veteran's service-connected sinusitis results in three to six non-incapacitating episodes per year characterized by headaches, pain, and occasional prescribed short-term antibiotic treatment. The Board finds that the Veteran's sinusitis is most closely approximated by a 10 percent disability rating throughout the appeal period.

The Veteran's respiratory disorder and hypertension are service-connected, with the initial disability rating for residuals of colon cancer being granted at a 40 percent level.

The Board has remanded the case due to incomplete active duty service treatment records and the need for further examinations regarding each of the disabilities on appeal.

The Veteran's claims for service connection for chronic fatigue syndrome, PTSD, and hepatitis C have been denied. The Board found that the Veteran does not meet the criteria for these conditions based on his medical records and examination findings.

The Board has determined that the Veteran's service-connected sinusitis warrants a 30 percent rating from July 16, 2014, forward. The Board also found that the Veteran's service-connected rhinoconjunctivitis warrants a 10 percent rating.

The Veteran's OSA is found to be aggravated by his service-connected sinusitis and allergic rhinitis, thus granting service connection for OSA on a secondary basis.