Sinusitis decisions — 2019

The Board has granted service connection for ADHD and remanded the remaining issues of increased ratings for GERD with IBS, rhinitis, and anxiety disorder with bruxism. The Veteran is to be scheduled for VA examinations to determine the current nature and severity of his service-connected conditions.

The Veteran's claims for service connection for sinusitis, hemorrhoids, residuals from hernia surgery, and tinnitus are remanded due to the need for additional medical examinations.

The Board found that the appellant's ACDUTRA service qualifies as military service for purposes of seeking entitlement to service connection, thus establishing basic eligibility to VA benefits.

The Veteran's sleep apnea, chronic fatigue syndrome (CFS), and left foot plantar fasciitis are granted service connection. The Veteran's sinusitis is denied as there is no current diagnosis of the condition. Service connection for gastrointestinal disorder (IBS) and muscle and joint pain due to service in Southwest Asia is remanded.

The Board denied service connection for sinusitis and obstructive sleep apnea, finding that the Veteran's current conditions did not originate in or are otherwise related to his military service.

The Veteran's service-connected obstructive sleep apnea is granted. The Veteran's maxillary/ethmoid sinusitis with left nasal deformity, status post rhinoplasty, is granted a maximum schedular rating of 50 percent. The Veteran's herniated nucleus pulposus of the lumbar spine L5-S1, status post lumbar laminotomy and diskectomy, with degenerative joint disease and invertebral disc syndrome, is denied any increase beyond the current 40 percent rating. The Veteran's radiculopathy of the right lower extremity is also denied any increase beyond the current 20 percent rating. The Veteran's contact dermatitis of the feet and HPV are both denied initial compensable ratings.

The Board has granted the Veteran's claim for service connection for sleep apnea, finding that it is proximately due to or the result of his service-connected disabilities. The decision also reopened the Veteran's previously denied claim.

The Board has dismissed all appeals for service connection and rating issues related to the Veteran's respiratory conditions, including COPD, asthma, chronic bronchitis, pneumonia, high cholesterol, hypertension, GERD, diabetes mellitus type II, rhinitis (claimed as allergies), and obstructive sleep apnea. The effective date of service connection remains March 18, 2011.

The Veteran's claims for increased ratings for otitis externa and maxillary sinusitis were denied as the evidence did not show that his service-connected conditions met the criteria for a compensable rating under applicable VA regulations.

The Board has granted service connection for a headache disability secondary to the Veteran's service-connected sinusitis, finding that his headaches are caused by his sinusitis.

The Board has determined that the Veteran's sleep apnea was at least as likely as not aggravated by his service-connected sinusitis, and thus grants the claim for secondary service connection.

The Board has decided that the Veteran's claims for service connection of left shoulder joint pain, sinusitis, and hypertension need further examination and review. The case is being sent back to the RO for additional evaluations.

The Veteran's sleep apnea is proximately due to service-connected conditions, including asthma and depressive disorder. The Board has granted service connection for this condition.

The Veteran's right thumb disability, sinusitis, flat feet (pes planus), bunions of the feet, and arthritis of the feet have all been denied.,There is no evidence to support service connection for these conditions.

The Veteran's service-connected vasomotor rhinitis is currently rated at 10 percent, effective March 15, 2018. The Board found that the evidence did not support a higher rating prior to this date or thereafter.

The Veteran's claim for kidney failure was denied as there is no evidence of current kidney failure during the appeal period.,PTSD was granted with a 70% evaluation, but not at the maximum schedular rating due to his employment and marital status.

The Board has remanded the Veteran's claims for service connection due to incomplete records and need for additional medical opinions.

The Board has remanded the case for further development and examination, including a new VA examination to assess the current severity of the service-connected low back disability and an opinion on whether sinusitis is related to in-service injury. The claim for service connection for sinusitis remains pending as it was reopened.

The Veteran's appeal for increased ratings for allergic rhinitis and sinusitis, as well as lumbosacral strain, status post T11 compression fracture with fusion of T10-T11, is being remanded due to the need for additional medical examination.

The Veteran's claim of service connection for obstructive sleep apnea, bilateral hearing loss, tinnitus, unspecified depressive disorder, heart disorder, high blood pressure, thyroid disorder, stroke residuals, deviated nasal septum, and sinusitis has been granted. The claims for service connection for the acquired psychiatric disorder (unspecified depressive disorder), heart disorder, high blood pressure, thyroid disorder, and stroke residuals have not been established.