Sinusitis decisions — 2019

The Veteran's service-connected disabilities, including major depressive disorder and back conditions, are found to be so severe that they prevent him from obtaining or maintaining substantially gainful employment.

The Board has reopened the Veteran's claim of service connection for Non-Hodgkin's lymphoma, but has remanded all other issues due to lack of evidence and need for further development.

The Board dismissed the Veteran's appeal for service connection for malaria. The claims of service connection for PTSD, headaches, stomach disorder (GERD), and respiratory disorder were all denied as new and material evidence was not received to reopen these claims.

The Board has remanded the case due to a need for an addendum medical opinion regarding whether the Veteran's GERD is caused or aggravated by her service-connected disabilities, including asthma, sinusitis, and PTSD.

The Board has remanded the case for further development and consideration, including referral to the Under Secretary for Benefits or the Director of Compensation Services for extraschedular evaluation of chronic sinusitis. The issues include service connection for a bilateral eye disability as secondary to chronic sinusitis, an extraschedular rating for chronic sinusitis prior to July 24, 2015, and TDIU on a schedular basis from July 24, 2015.

The Veteran's initial claim for rhinitis was denied, but the Board remanded it and a new rating decision granted service connection with a noncompensable rating. The case is being remanded again due to worsening symptoms.

The Board has found that the appellant's claim for DIC under 38 U.S.C. § 1318 is not warranted due to a lack of continuous total disability rating for at least 10 years prior to death and was not rated as totally disabled continuously since release from active duty. The appeal regarding service connection for cause of death has been remanded.

The Veteran's claims for service connection have been granted, with the exception of asthma or bronchitis. The Board has also reopened her previously denied claims and remanded two issues: entitlement to more than a 10 percent rating for follicular cervicitus with PID and entitlement to service connection for a respiratory disability (asthma or bronchitis).

The Veteran's claims for service connection for a low back disability and sinusitis with associated headaches and allergies have been reopened. The claim for service connection for the low back disability is denied, while the claim for service connection for sinusitis with associated headaches and allergies is granted.

The Board has decided to remand the case due to outstanding private treatment records and requests for additional information.

The Veteran's allergic rhinitis and non-allergic rhinitis with sinusitis were without polyps and did not produce incapacitating episodes prior to January 30, 2019. As of January 30, 2019, the Veteran’s symptoms met a 10 percent rating under DC 6522.,The Veteran's allergic rhinitis and non-allergic rhinitis with sinusitis were without polyps and manifested by greater than 50 percent obstruction of the nasal passage on both sides as of January 30, 2019. The symptoms did not produce incapacitating episodes or more than six non-incapacitating episodes per year.,The Veteran's claim for service connection for food allergies including oral allergy syndrome and anaphylaxis is remanded.

The Veteran's initial ratings for chronic sinusitis/rhinitis, left shoulder impingement syndrome, cervical spine degenerative disk disease, and left upper extremity radiculopathy were granted. The rating for anterior neck scar was also granted but with no assigned percentage or effective date.

The Board has remanded the claims of service connection for sleep apnea, heart condition, sinusitis, and GERD. The Veteran's claim for a compensable rating for nasal fracture is denied. A 30 percent rating for chronic sinusitis is granted. A 30 percent rating for GERD is granted.

The Veteran's claim for service connection for sinusitis and allergic rhinitis is remanded due to the lack of a current disability diagnosis. The claim for service connection for obstructive sleep apnea and increased rating for hypertension are also remanded.

The Veteran's chronic headaches have been granted service connection as secondary to his service-connected tinnitus.,His claim for a higher evaluation for tinnitus has been denied, with the highest possible rating already assigned.

The Veteran's application to reopen the claim for service connection for bilateral cataracts, right shoulder cyst residuals, tinnitus, chronic fatigue, dizziness, numbness, short-term memory loss, and attention problems is granted.,The Veteran's application to reopen the claim for service connection for sinusitis and a headache condition is also granted.

The Veteran's claims for increased rating of sinusitis and service connection for chest pains are remanded due to the need for additional examinations and development.

The Board denied service connection for sinusitis, chronic constipation, and tension headaches as there was no evidence linking these conditions to the Veteran's military service.

The Veteran's TDIU claim is remanded due to the inextricability of his service connection claims, and he has additional disabilities that may affect his employment. The case will be returned for further adjudication.

The Board has determined that additional examinations and evidence are needed to properly adjudicate the Veteran's claims for service connection and rating of various disabilities.