Sinusitis decisions — 2017

The Board denied the Veteran's claims to reopen service connection for a respiratory disability, sinusitis, and heart disease. The claim for service connection for obstructive sleep apnea was also denied.

The Veteran's claim for service connection for hemoglobinopathy is denied as there is no additional disability for which service connection can be granted.,For the period prior to May 7, 2010, the Veteran was not entitled to a compensable rating for bilateral maxillary sinusitis due to only x-ray evidence of sinusitis. From May 7, 2010 to February 9, 2016, she received a 10 percent disability rating based on seven or more non-incapacitating episodes per year of sinusitis characterized by headaches, pain, and purulent discharge or crusting.,Beginning from February 9, 2016, the Veteran is entitled to a 30 percent disability rating for bilateral maxillary sinusitis due to seven or more non-incapacitating episodes per year of sinusitis characterized by headaches, pain, and purulent discharge or crusting. She is not entitled to higher ratings as her symptoms do not meet the criteria for radical surgery with chronic osteomyelitis or near constant sinusitis.,The Veteran's microcytic anemia was rated non-compensable prior to February 9, 2016 due to asymptomatic condition and no treatment required. Beginning from February 9, 2016, she is entitled to a 30 percent disability rating based on findings such as easy fatigability and cold intolerance.

The Veteran's claims for service connection and ratings for sinusitis, allergic rhinitis, GERD, and vocal cord disorder are being remanded due to the need for additional development.

The Veteran's service-connected disabilities meet the percentage criteria for TDIU and prevent him from securing or following a gainful occupation.

The Board denied the Veteran's claims for tuberculosis, hepatitis, and sinusitis due to lack of service connection. The heart murmur claim was granted but later severed due to clear and unmistakable error. The Veteran's inguinal hernia and hemorrhoids were not rated as compensable.

The Veteran's claim for an effective date earlier than April 21, 2004, for the grant of service connection for sinusitis with rhinitis and nasal polyps is granted. The Board found that the April 1981 rating decision was clearly and unmistakably erroneous due to a failure to consider the provisions of 38 U.S.C.A. § 1154(b), which applies to combat Veterans.

The Board has remanded the case for further development, including obtaining missing service records and scheduling a medical examination to determine the etiology of the Veteran's sinusitis.

The Veteran's application for a total disability rating based on individual employability (TDIU) due to service-connected disabilities was granted effective May 6, 1994. The Board found that the evidence supported the conclusion that the Veteran was unable to secure and follow substantially gainful employment due to his service-connected disabilities.

The Veteran's headaches are rated at a maximum of 50% since February 6, 2015.,An earlier effective date for the grant of TDIU prior to August 31, 2010 is denied.

The Veteran's service connection claim for sinusitis and rhinitis has been granted. The Board finds that the current sinus condition is related to his military service, and affords him the benefit of doubt in favor of a finding of service connection.

The Veteran's service-connected tension headaches have been rated at a 10 percent disability rating since the appeal period began. The Board found that his symptoms, while severe, did not meet the criteria for a higher rating under Diagnostic Code 8100.

The Board has denied the Veteran's claims for service connection for a lumbar spine disorder and a respiratory disorder (sinusitis) due to lack of medical evidence linking these conditions to his military service.

The Veteran's appeal has been withdrawn and is therefore dismissed.

The Board has remanded the claim of service connection for sinusitis due to incomplete records and further development is required.

The Veteran's appeal was denied for service connection for arthritis and sinusitis. The non-compensable ratings assigned for his hallux valgus and osteoarthritis of the feet were also denied.

The Board has granted the Veteran's claim for service connection for gastric ulcer, finding that it is at least as likely as not related to his military service. The claims for sinusitis and bilateral eye disability are remanded for further development.

The Veteran's sinusitis has been rated at 30 percent since December 8, 2006. The Board also granted a TDIU effective from December 8, 2006, based on the combined impact of multiple service-connected disabilities.

The Veteran's service-connected allergic rhinitis is rated at 30 percent, but the appeal for increased ratings on secondary issues (sleep disorder and psychological disorder) was not addressed.

The Board has determined that new and material evidence has not been received to reopen the Veteran's claim for service connection for a lumbar spine disorder. The remaining claims are denied.

The Veteran's allergic rhinitis has not been shown to cause more than 50 percent obstruction of the nasal passage on both sides or complete obstruction on either side, and there are no nasal polyps. Therefore, an initial compensable rating for allergic rhinitis is denied.