Sinusitis decisions — 2019

The Veteran's claim for service connection for a lumbar spine disorder was granted, with the condition being diagnosed as lumbosacral strain and degenerative disc disease. The other claims were either denied or dismissed.

The Veteran's service-connected disabilities did not render him unable to secure or follow a substantially gainful occupation, and his claim for TDIU is denied.

The Board has determined that new and material evidence has been submitted to reopen the Veteran's claim for service connection for hypothyroidism. The claims of service connection for bilateral plantar fasciitis and sinusitis are remanded due to insufficient medical opinions.

The Veteran's claims for higher evaluations of his left knee, right knee, sinusitis, and allergic rhinitis disabilities are being remanded due to the need for additional examinations. The issue of entitlement to a total disability rating based on individual unemployability (TDIU) is also being remanded as it may be significantly impacted by the development of these issues.

The Veteran's allergic rhinitis was rated noncompensable prior to January 25, 2018 and in excess of 10 percent thereafter. The Board found that the evidence did not support a compensable rating prior to January 25, 2018 due to lack of nasal obstruction or polyps.,The Veteran's tension headaches were rated noncompensable prior to December 15, 2016 and 30 percent thereafter. The Board found that the evidence supported a 30 percent rating based on the frequency of prostrating attacks.

The appeals for initial compensable ratings for scars of the right knee and vaginitis, as well as service connection for GERD, anemia, and diabetes mellitus Type II have been dismissed. The appeals for increased rating for right knee patellofemoral syndrome, bilateral shin splints, right forearm condition, right wrist sprain, migraine headaches, pterygia (right eye condition), sinusitis, sleep apnea secondary to chronic bladder infection, hypertension, and right leg varicose veins are REMANDED.

The Veteran's tinnitus is granted as service-connected.,Service connection for bilateral shoulder tendonitis, elbow tendonitis, and wrist tendonitis is denied.,Right ear hearing loss and sinusitis are remanded for further evaluation.,Hypertension is also remanded for further evaluation.

The Board has remanded the Veteran's claims for sinusitis, asthma, and headaches due to a lack of proper notification regarding scheduled examinations.

The Board has remanded the issue of service connection for breathing problems, including chronic sinusitis and allergic rhinitis. The March 2019 VA examination was inadequate to decide the appeal.

The Board denied service connection for bilateral hearing loss, sinusitis, and headaches as the evidence did not support a finding that these conditions were incurred or aggravated by military service.

The Veteran's GERD is being remanded for a VA examination to determine the current severity of his service-connected condition.,The Veteran's chronic sinusitis is being remanded due to the need for a supplemental medical opinion considering in-service exposures and ongoing symptoms.,Service connection for diabetes mellitus, type II is being remanded as there may be an issue with verifying exposure to herbicide agents during service. The AOJ should verify whether the USS Coral Sea was within the 12-nautical-mile territorial sea of Vietnam while the Veteran was aboard.,The Veteran's peripheral neuropathy is being remanded for a supplemental medical opinion considering his asserted in-service exposure to herbicide agents.,The Veteran's skin disability is being remanded for a supplemental medical opinion addressing whether it is related to bare-skin exposure to jet fuel during service.,Service connection for an acquired psychiatric disorder (including PTSD, depression, anxiety, and a mood disorder) is being remanded as there may be issues with verifying in-service stressors. The AOJ should attempt to corroborate the Veteran's reported stressors involving witnessing the death of a fellow serviceman aboard the USS Coral Sea during the '1967 cruise'.,The Veteran's sleep apnea, hypertension, hiatal hernia, and erectile dysfunction are being remanded as secondary to his claimed acquired psychiatric disorder. The AOJ should attempt to obtain VA treatment records from Portland VAMC for the period between 1970 and 2002.,The Veteran's bilateral hearing loss is being remanded due to the need for updated VA audiological examination records, which may provide evidence of a worsening disorder.,The Veteran's ear infection disability is being remanded as there may be issues with obtaining relevant private treatment records. The AOJ should attempt to obtain these records and complete any necessary requests.

The Board has determined that additional development is needed for the remaining issues on appeal, including scheduling VA examinations and obtaining outstanding records.

The Board has determined that the VA opinion is incomplete and requires further development to determine if any of the Veteran's claimed disabilities are related to service or a service-connected condition, including deviated septum.

Service connection for tinnitus, obstructive sleep apnea, right knee strain, PTSD, sinusitis, and rhinitis (bacterial and allergic) is granted.,An effective date prior to February 17, 2016, for the grant of a 10 percent rating for right ankle strain is denied. Service connection for PTSD, sinusitis, and rhinitis (bacterial and allergic) is also granted with an effective date of February 17, 2016.,The Veteran's service-connected PTSD aggravated his obstructive sleep apnea.

The Board has denied service connection for right ear hearing loss, allergic rhinitis and sinusitis, and tinnitus. The Veteran's asthma, chronic bronchitis, and/or COPD are remanded to determine if they are related to asbestos exposure during active service.

The Board has found that the Veteran's claims of service connection for sinusitis, hyperemic nasal mucosa, headaches, and a sleep disorder are remanded due to the need for additional development including VA examinations.

The Veteran's appeals for increased evaluations for service-connected sinusitis and bilateral pes planus prior to April 7, 2016 have been dismissed as the Veteran withdrew his appeal in October 2016.

The Board has denied the Veteran's claims for service connection for bilateral hearing loss and tinnitus, as well as his claim of secondary service connection for sinusitis. The claims are being remanded to obtain a VA examination and opinion regarding these issues.

The Board has determined that the VA examinations for reactive arthritis, chronic sinusitis, allergic rhinitis, chronic bronchitis, and COPD are inadequate. The Veteran must be afforded new VA examinations to determine whether his conditions had their onset in service or are related to herbicide agent exposure.

The Veteran's service-connected disabilities, including a back disability, right shoulder disability, bilateral epididymal cysts, left shoulder impingement syndrome, and chronic maxillary sinusitis/rhinitis, did not render him unemployable during the period from July 2, 2010 to February 27, 2014. The Board found that his education, past work experience, and functional impairment caused by these disabilities were not sufficient to prevent him from securing or following a substantially gainful occupation.