Sinusitis decisions — 2017

The Veteran's recurrent sinusitis is not rated higher than noncompensable due to the presence of only two non-incapacitating episodes per year.,Service connection for degenerative joint disease of the right shoulder was denied as there is no evidence linking it to service. The Veteran does not meet the criteria for TDIU.

The Veteran's chronic fatigue, sinusitis with blurred vision, and irritable bowel syndrome have all been granted increased ratings.,PTSD remains at the current 50 percent rating.

The Veteran's combined disability rating is 80 percent, which meets the criteria for a TDIU. However, the evidence does not support a finding that his service-connected disabilities render him incapable of securing or following substantially gainful employment.

The Veteran's appeal is being remanded for additional examinations and development to address the nature, etiology, and severity of his service-connected conditions as well as any new or increased disabilities. The claims will be reconsidered after these actions.

The Board has determined that the Veteran's hypertension is related to service and grants service connection for this condition. The issue of entitlement to service connection for an upper respiratory disability (to include sinusitis and allergic rhinitis) remains pending.

The Veteran's service connection claims for gout, allergic rhinitis and/or sinusitis, skin lesions of the bilateral lower extremities, migraine headaches, heart arrhythmia, and hypertension were denied as there is no evidence of a current disability or a link to service. The Veteran's low back condition was also denied due to lack of clinical diagnosis.

The Veteran's ethmoidal sinusitis resulted in more than six non-incapacitating episodes of sinusitis per year, characterized by headaches, pain, and purulent discharge or crusting. He was awarded a 30% evaluation for his ethmoidal sinusitis effective March 24, 2008.

The Veteran's claim for a higher rating for chronic sinusitis was denied. Prior to February 17, 2009, the Veteran did not have more than two incapacitating episodes of sinusitis per year requiring prolonged antibiotic treatment or three to six non-incapacitating episodes characterized by headaches, pain, and purulent discharge/crusting. Since February 17, 2009, he had more than six such episodes.

The Veteran's sinusitis has been rated at 30 percent since May 4, 2009. The Board finds that the symptoms do not meet or more nearly approximate the criteria for a higher rating.

The Veteran's chronic sinusitis and allergic rhinitis have been rated as 30 percent disabling since May 14, 2009. This rating is based on three or more incapacitating episodes per year of sinusitis requiring prolonged antibiotic treatment.

The Board has determined that additional development is needed to fully and fairly consider the Veteran's claims, including obtaining medical records and providing additional opinions.

The Veteran's claim for an increased disability rating in excess of 10 percent for allergic rhino sinusitis is being remanded due to the need for additional development, including obtaining VA and private treatment records and scheduling a VA examination.

The Board has determined that the Veteran's sinusitis and rhinitis conditions did not pre-exist service. The case is now remanded for a supplemental opinion to assess whether these conditions are at least as likely as not related to his active service.

The Veteran's maxillary and frontal sinusitis has been rated at 30 percent, which is the maximum rating available under Diagnostic Code 6513. The Veteran was granted an initial compensable rating for her sinusitis.

The Veteran's service-connected sinusitis is rated at 30 percent, and the Board has determined that she meets the criteria for a TDIU due to her service-connected disabilities.

The Board has determined that the Veteran does not have a current disability manifested by joint pain and osteoarthritis, to include fibromyalgia; thoracolumbar back and cervical spine disabilities; bilateral leg disability; right and left knee disabilities (other than service-connected left knee scars); an abdominal or gastrointestinal disability; respiratory disability (sinusitis and allergic rhinitis). Therefore, the claims for these conditions are denied.

The Veteran's appeal is being remanded for further development and readjudication of the claims. The AOJ will consider all evidence received since the last Supplemental Statements of the Case (SSOC) in conjunction with prior evidence.

The Veteran's appeals for increased ratings and service connection have been dismissed due to his death.

The Board has remanded the case for additional development, including obtaining a medical opinion regarding the etiology of the Veteran's sinusitis and whether it is related to service-connected allergic rhinitis.

The Board has decided to remand the case due to incomplete medical opinions and further development is needed before a decision can be made on the Veteran's claim for an increased rating for service-connected sinusitis.