Sinusitis decisions — 2018

The Veteran's claims for increased ratings for chronic sinusitis and degenerative arthritis of the lumbar spine were denied as there is no evidence of incapacitating episodes or ankylosis, which are required for higher ratings under the applicable rating criteria.

The Veteran's appeal has been dismissed as he withdrew his claims for service connection for various conditions, including frontal sinus osteoma, head trauma, headaches, chronic sinusitis/rhinitis, GERD, and others. The claim of tinea pedis was also withdrawn.

The Veteran's hepatitis C has been undetectable on laboratory testing and he does not have current symptoms. He is therefore not entitled to a rating in excess of the currently assigned 10 percent for this condition.,Throughout the appeal period, the Veteran's sinusitis has not resulted in incapacitating episodes or more than six non-incapacitating episodes per year characterized by headaches, pain, and purulent discharge or crusting. Therefore, he is not entitled to a rating in excess of 10 percent for this condition.,The Veteran's degenerative disc disease of the lumbosacral spine has resulted in flexion limited to 90 degrees with a combined range of motion of 180 degrees and no objective evidence of muscle spasm or guarding severe enough to result in an abnormal gait or spinal contour. He is therefore not entitled to a rating in excess of the currently assigned 10 percent for this condition.

The Board has determined that the Veteran's sinusitis is not caused or aggravated by his service-connected residuals of septorhinoplasty and therefore denied the claim for service connection.

The Board found that the Veteran's gallbladder condition, pancreatitis, back disability, and GERD were not incurred or aggravated by service. The evidence did not support a finding of chronicity in service for these conditions.

The Board has found that the Veteran's chronic rhinitis first manifested in service and is related to exposure to hazards during his deployment, warranting service connection.

The Veteran's appeal is being remanded due to the need for additional medical opinions regarding his service-connected conditions and their impact on his employability.

The Board denied compensation for the Veteran's sinus disability under 38 U.S.C. § 1151 and service connection for sleep apnea as secondary to residuals of VA nasal surgery due to lack of evidence showing a direct link between his conditions and service.

The Veteran's claims for service connection for allergic rhinitis, sinusitis, and right ear hearing loss have been denied as there is no current diagnosis of these conditions. The Veteran has a history of allergic rhinitis during service but not before. Right ear hearing loss did not meet VA compensation criteria at any time during active duty service.

The Veteran's claims for service connection for acne vulgaris and gastroesophageal reflux disease (GERD) have been withdrawn. The remaining issues of service connection are addressed in the remand portion.

The Veteran's claims are being remanded for additional development, including obtaining VA treatment records and SSA records. The issues include increased ratings for asthma and chronic infectious sinusitis, as well as a TDIU claim.

The Board found that new and material evidence had not been submitted to reopen the claim of service connection for chronic sinusitis, but also noted that the Veteran's statements were effectively duplicative. The appeal is considered 'mixed' as it involves reopening a previously denied claim.

The Veteran's claim for service connection for chronic sinusitis is being remanded due to the need for a VA examination and consideration of additional evidence.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and providing the Veteran with a statement of the case on his service connection claims.

The Veteran's bilateral pes planus was found to have been aggravated by her military service, warranting service connection. The Veteran does not currently have diagnosed bilateral otitis media or otitis externa. For sinusitis, a non-compensable evaluation prior to June 1, 2017 and a 10% evaluation since then were granted.

The Veteran's appeal was dismissed due to his death, and no evaluation for chronic sinusitis is being considered.

The Veteran's appeal involves multiple service-connected conditions, including asthma and various musculoskeletal issues. The Board has ordered additional development to obtain SSA records and translate Spanish documents.

The Board has determined that a uniform evaluation of 10 percent is warranted for the entire period on appeal for both conditions.

The Veteran's appeal is being remanded for additional development of her claims, including obtaining updated VA treatment records and arranging for medical examinations to assess the nature and likely etiology of her GERD and allergic rhinitis, as well as assessing the current severity of her service-connected low back and neck disabilities.

The Board denied service connection for sinusitis, headaches, a left ear condition, and Meniere's disease. The Veteran was not shown to have these conditions in service or due to his service-connected tinnitus.,Service connection could not be established as the evidence did not show that any of these conditions were incurred during service.