Sinusitis decisions — 2016

The Veteran's sleep apnea is found to be secondary to his service-connected diabetes mellitus. The Veteran's bronchial asthma, allergic rhinitis and sinusitis, and bilateral hearing loss are all rated at the maximum allowable under VA rating criteria.

The Board has decided to remand the Veteran's claims for additional development, including obtaining treatment records and scheduling VA examinations.

The Board finds that the Veteran's sinusitis does not meet or approximate the criteria for a higher evaluation, as there are no 3 or more incapacitating episodes per year of sinusitis requiring prolonged antibiotic treatment or more than 6 non-incapacitating episodes per year of sinusitis characterized by headaches, pain, and purulent discharge or crusting.

The Board has remanded the Veteran's claim for increased rating for chronic sinusitis and TDIU due to service-connected disability (TDIU) for further development, including a VA examination and consideration of whether an extraschedular rating is warranted.

The Veteran's sinusitis claim is addressed in the decision. The Board finds that there is no evidence of a current disability and no relationship to service.,Regarding the right shoulder, the VA examiner opined that the current condition was less likely than not incurred in or caused by an in-service injury, event, or illness. However, the Veteran has additional medical evidence from an MRI showing tendinopathy and/or an incomplete thickness tear involving the supraspinatus tendon.,For the cervical spine disability, the VA examiner opined that it is less likely than not incurred in or caused by an in-service injury, event, or illness. The Board finds this opinion more persuasive given the lack of documented treatment for neck pain after discharge and normal X-ray studies for many years following discharge.,The lumbar spine disability claim has been reopened but remains denied as there is no evidence of a current disability and no relationship to service.

The Board has remanded the case for additional development, including obtaining new VA examinations and updating treatment records. The Veteran's appeals regarding higher initial ratings for his service-connected disabilities and entitlement to TDIU are inextricably intertwined.

The Veteran's claim for service connection for hypertension is denied as there is no evidence of a chronic increase in the severity of his condition due to medication used for sinusitis. The Board finds that while pseudoephedrine can cause an increase in blood pressure, it does not result in a permanent aggravation of the Veteran's hypertension.

The Board has decided to remand the Veteran's claims for sinusitis and a psychiatric disorder due to inadequate examination reports, incomplete medical records, and need for additional development.

The Veteran's bronchial asthma is rated at 60 percent, and she meets the criteria for a TDIU due to her service-connected disabilities.

The Board has determined that the Veteran's allergic rhinitis is related to his active service, and thus grants service connection for this condition. However, there is no current diagnosis of sinusitis, and therefore does not grant service connection for this issue.

The Veteran has been rendered unable to maintain substantially gainful employment as a result of service-connected disabilities from June 26, 2012.

The Veteran's residuals of ganglion cyst and sinusitis have been evaluated as 10 percent disabling, the maximum under applicable diagnostic codes. The evidence does not show that these conditions warrant a higher rating.

The Board has determined that the Veteran's sinusitis, TMJ, and vertigo are related to his active service.,Service connection is granted for sinusitis, TMJ, and vertigo.

The Veteran's tremor disorder is granted as secondary to his service-connected posttraumatic stress disorder. The hyperlipidemia claim was withdrawn by the Veteran's representative.

The Board has determined that the actual dates of service are unclear and needs to be verified. The Veteran's claims for sinusitis, low back disability, and headache disability will need further examination and medical opinions based on the verified service dates.

The Veteran's hypertension was granted an initial evaluation of 10 percent effective January 2, 2008.,Service connection for sinusitis and left shoulder bursitis has been established. Service connection for multiple sclerosis is also established.

The Veteran's claims for service connection for back disability and respiratory disability, to include sinusitis and chronic obstructive pulmonary disease are being remanded due to the need for additional development including obtaining treatment records from Dr. Cohen and providing VA examinations.

The Board has determined that the Veteran does not meet the criteria for service connection for bilateral hearing loss, tinnitus, or a bilateral eye disability. The claims are therefore denied.

The Board has remanded the case for an addendum opinion regarding whether the Veteran's sleep apnea was aggravated by his service-connected sinusitis and rhinitis. The appeal is currently in a 'mixed' disposition as some issues were granted while others were not.

The Veteran's appeal for service connection for sinusitis has been denied. The issues of entitlement to increased ratings for left knee chondromalacia patella and residuals of total left knee arthroplasty remain pending.