Sinusitis decisions — 2019

The Board has reopened the claims for service connection for a respiratory disorder, left knee disability, right knee disability, left ankle disability, and right ankle disability. The claims are granted.

The Veteran's service-connected disabilities do not render her unable to obtain and maintain substantially gainful employment, as she has the necessary education and experience for a sedentary job.

The Board dismissed appeals for an earlier effective date for service connection for tinnitus, a higher initial disability rating in excess of 10 percent for tinnitus, and whether new and material evidence has been received to reopen service connection for bilateral hearing loss.,The Board granted reopening of service connection for obstructive sleep apnea, left shoulder impingement syndrome, bicipital tendonitis, labral tear, and shoulder strain. Service connection was also granted for allergic rhinitis.

The Board has dismissed the Veteran's appeals for a rating in excess of 30 percent for chronic hypertrophic sinusitis with complaint of headache and entitlement to service connection for heart condition with mitral valve prolapse due to withdrawal by the Veteran. The appeal for an increased rating for dysthymic disorder is remanded.

The Veteran's lumbosacral strain with degenerative disc disease was granted a rating of 40 percent effective July 17, 2018. A separate 10 percent rating for left knee instability is also granted. The Veteran’s chronic sinusitis does not meet the criteria for a compensable rating.

The Veteran's claims for bilateral knee disorder, right upper and lower extremity nerve disorders, right shoulder disorder, sleep disorder (including sleep apnea), sinusitis, and deviated septum have been reopened. The Board finds that new and material evidence has been submitted to support these claims.

The Board has remanded the cases for additional development due to incomplete records and need for further examination.

The Board denied service connection for a lumbar spine disability, to include lumbar strain and degenerative changes. The Veteran's claim was also denied for reopening the previously denied claim of sinusitis. Ratings for bilateral hearing loss prior to April 24, 2019 were denied, as well as ratings in excess of 10 percent from that date.,The Board found no evidence of a disease or injury related to the lumbar spine during service and concluded there was insufficient evidence linking current back pain to service. The Veteran's claim for sinusitis was also denied due to lack of current diagnosis.

The Board denied the Veteran's claims of service connection for sinusitis, sinus headaches, and allergic rhinitis due to a lack of evidence linking these conditions to his military service.

The Board has denied the Veteran's claim for an increased rating for sinusitis and remanded the issue of entitlement to a total disability rating based on individual unemployability (TDIU). The decision also found that the preponderance of evidence is against the assignment of a rating in excess of 30 percent for sinusitis.

The Veteran's bilateral plantar fasciitis with pes planus, metatarsalgia, bilateral posterior tibial tendonitis, and residuals of cold weather injuries in the bilateral lower extremities (chilblains) are all granted.,However, the Veteran's fracture of the 4th proximal phalanx of the left foot is denied.

The Veteran's service-connected allergic rhinitis and eczematoid dermatitis are being remanded for further evaluation due to the passage of time since their last examinations.

The Veteran's appeal for earlier effective dates for the grants of service connection for GERD and right knee strain has been withdrawn. The Board granted service connection for sinusitis as secondary to asthma and headaches as secondary to sleep apnea and depression.,The Veteran’s claims have been remanded for additional examinations to determine the current severity of his GERD and right knee strain.

The Board has decided that the Veteran's claim for service connection for sleep apnea, as secondary to sinusitis and status post septorhinoplasty, needs further clarification due to conflicting evidence.

The Veteran withdrew his appeals on both issues, and the Board has dismissed them.

The Board has denied service connection for chronic sinusitis and dental condition, but the decision is mixed as some issues were granted (service connection for chronic sinusitis) while others were not (service connection for dental condition).

The Board dismissed the claim for service connection for sleep apnea and denied a rating in excess of 10 percent for sinusitis with allergic rhinitis.

The Veteran's service-connected disabilities do not prevent her from maintaining substantially gainful employment.

The Board denied the Veteran's claim for service connection for allergic rhinitis, claimed as sinusitis, finding that there is no evidence of a current disability and that any diagnosed conditions are not related to service.

The Board has remanded several issues related to the Veteran's service connection claims due to new evidence received since his last Statement of the Case. The Veteran is requested to provide information about any recent medical care providers and updated VA treatment records.