Sinusitis decisions — 2019

The Veteran's service-connected conditions do not preclude him from securing and following substantially gainful employment.

The Veteran's claims for increased ratings for sinusitis and right shoulder tendonitis have been dismissed due to the Veteran withdrawing his appeal. The case is now remanded for further development on the right shoulder tendonitis claim.

The Veteran's claims of increased ratings for left eye nerve damage with exotropia and chronic sinusitis with allergic rhinitis and headaches are being remanded due to the lack of a SOC addressing these issues.

The Veteran's claims for service connection were denied, and his disability rating for a back condition was restored. The claim for an increased rating of the acquired psychiatric disorder is remanded.

The Veteran's claims for service connection were denied due to lack of evidence showing a relationship between his conditions and military service. The Board has determined that additional examination is needed in several cases, including left great toe condition, left knee condition, and pharyngitis.

The Board has granted service connection for obstructive sleep apnea and denied a compensable rating for sinusitis. The Veteran's current diagnoses are considered, with the Board finding in favor of service connection due to evidence showing his symptoms began during active service.

Service connection for a low back disability is denied as the Veteran's arthritis was not shown to be related to service.,Service connection for chronic sinusitis is granted as it began during active service and persists to the present.

The Veteran's TDIU and DEA benefits were granted effective March 21, 2015. The Board has determined that a remand is necessary for the left knee disability rating issue.

The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional examinations and development of his medical records.

The Veteran's service connection claims for various conditions are denied, except for the grant of service connection for pes planus in the left foot. The remaining issues have been remanded due to insufficient evidence.

The Board denied service connection for an upper sacral spine disorder with bilateral neural foraminal stenosis and denied evaluations in excess of 40 percent for a lumbar spine disorder, separate evaluations for right lower extremity radiculopathy, and separate evaluations for left lower extremity radiculopathy. The Veteran's sinusitis was also denied as having an evaluation in excess of 10 percent.

The Board found that the November 1975 rating decision denying service connection for a back injury, head injuries (now claimed as headaches), and sinusitis was not clearly and unmistakably erroneous. The evidence did not show permanent aggravation of these conditions during military service.

The Veteran's sinus disability, diagnosed as allergic rhinitis and chronic sinusitis, is granted. The right knee and left knee disabilities are remanded for further examination and opinion. The obstructive sleep apnea claim remains pending.

The Veteran's sinusitis, bronchitis, and sleep apnea were granted service connection. The right shoulder disorder and chronic inner ear infection are remanded for further review.

The Veteran's bilateral pes planus was not shown in service, and the Board denied service connection for this condition.,Service connection for bilateral hearing loss is remanded due to lack of a clear and unmistakable evidence opinion regarding aggravation during service.,Service connection for tinnitus is remanded as it is inextricably intertwined with the hearing loss claim.,The Veteran's erectile dysfunction is remanded because his VA examiner did not address whether it was aggravated by his service-connected disabilities or if it had its clinical onset during service.,Service connection for chronic sinusitis is also remanded due to lack of a clear and unmistakable evidence opinion regarding aggravation during service.

The Veteran's appeal is remanded due to the need for further evaluation regarding his entitlement to higher levels of SMC and a rating increase for his residual left knee injury. The Board found that he does not meet the legal criteria for SMC under 38 U.S.C. § 1114(o) based on the lack of anatomical loss or use in his feet, hands, or eyes.

The Board denied service connection for sleep apnea and allergic rhinitis, as well as an increased rating for PTSD. The issue of a higher rating for the deviated nasal septum was also denied.

The Board has remanded several issues related to the Veteran's service-connected disabilities due to a lack of recent examinations. The Veteran needs to undergo VA examinations for his sleep apnea, psychiatric symptoms, bilateral hearing loss, hemorrhoids, GERD, and allergic rhinitis.

The Veteran's service-connected disabilities have worsened, and additional evidence is needed to determine if he requires aid and attendance or housebound status.

The Veteran's claims for initial compensable ratings for allergic rhinitis and testicular cancer residuals were denied as the evidence did not meet the criteria for a compensable rating under applicable VA regulations.