Sinusitis decisions — 2017

The Veteran's service-connected disabilities, including PTSD, IBS, and DJD of the lumbar spine, have rendered him unable to secure or follow substantially gainful employment. The Board has granted a TDIU based on these conditions.

The Board has remanded the appeal for additional development, including obtaining dates of active duty for training (ACDUTRA) and inactive duty for training (INACDUTRA) with the New Jersey National Guard. The Veteran's representative was also given an opportunity to review the claims file.

The Veteran's allergic rhinitis, but not chronic sinusitis, had its onset during a period of ACDUTRA. The Board finds that the current diagnosis is due to service and grants service connection for this condition.

The Board has determined that new and material evidence has been presented to reopen the claim of service connection for an eye disorder, which is now granted. The Veteran's sinusitis is found to be etiologically linked to his complaints of allergies during service.

The Veteran's maxillary sinusitis with allergic rhinitis is rated at 50% effective September 1, 2016.

The Board found that the Veteran's hypertension did not manifest in service or within one year of separation, and thus denied service connection for hypertension. The claim for sinusitis is pending and will be addressed after a new VA examination.

The Veteran's appeal is remanded for additional development, including a new VA examination and issuance of a Statement of the Case regarding his sinusitis claim. The TDIU issue may also be impacted by this development.

The Board has granted the Veteran's claim for service connection for sleep apnea as secondary to his service-connected disabilities, including gastroesophageal reflux disease (GERD), hypertension, asthma and sinusitis.

Throughout the rating period, the Veteran's sinusitis was manifested by no more than two incapacitating episodes or three non-incapacitating episodes per year.

The Veteran's service-connected sinusitis is shown to be manifested by headaches, pain, nasal congestion, sinus tenderness, and purulent discharge with less than three or more incapacitating episodes per year requiring prolonged antibiotic treatment. The Board found that the severity of her condition does not warrant a rating in excess of 10 percent.

The Veteran's service-connected conditions, including panic disorder and stress urinary incontinence, have rendered her unable to secure or follow a substantially gainful occupation.

The Veteran's claims for service connection are being remanded due to the need for further development and a videoconference hearing.

The Veteran's claims for service connection for sinusitis and depression are being remanded due to inadequate reasons and bases provided by the Board. The case will be reviewed after further development.

The Board has determined that new and material evidence has been submitted to reopen the Veteran's claim for service connection for nasal obstruction. Service connection is established for this condition, as well as for sleep apnea which is secondary to her service-connected nasal obstruction/sinusitis.

The Veteran's claims for service connection for insomnia, a rating in excess of 30 percent for residuals of fracture the nasal bone with chronic neuralgias and hypoesthesias on an extraschedular basis from June 23, 2003, and a TDIU prior to August 21, 2006 are denied due to his failure to report for scheduled VA examinations.,VA examinations were scheduled in July 2013 and July 2016 but the Veteran failed to appear. As he did not provide good cause for missing these appointments, the claims must be denied.

The Board has remanded the case due to scheduling issues for a videoconference hearing and clarification of the Veteran's incarceration status.

The Board found that the Veteran did not meet the criteria for service connection for bilateral hearing loss, tinnitus, chronic sinusitis and headaches, right knee disorder, or left knee disorder.

The Board has granted service connection for sinusitis and vasomotor rhinitis, finding that the Veteran's current respiratory disorders are related to his in-service hazardous environmental exposure. The claim was reopened due to new evidence relating to a nexus between the currently diagnosed conditions and service.

The Veteran's sinus disability has been rated at 10 percent since the appeal period began, and his left shoulder disability is currently rated as 10 percent after surgery. The claims are granted.

The Board has remanded the case for scheduling a videoconference hearing at the RO. The Veteran's appeal includes claims related to various conditions and disabilities, including tinnitus, glaucoma, allergic rhinitis/sinusitis, esotropia, diplopia, hearing loss, hypertension, GERD, and prostate cancer.