Sinusitis decisions — 2020

The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) as his service-connected disabilities do not preclude him from securing and following a substantially gainful occupation.

The Veteran's appeal for compensation under 38 U.S.C. § 1151 for a broken screw in the neck due to cervical spinal surgery, service connection for residuals from surgery for implant of neurostimulator installed for chronic pain following cervical spine surgeries, and service connection for right iliac crest bone graft associated with cervical spine surgery has been dismissed.,The Veteran's appeal for service connection for migraine headaches as secondary to service-connected disabilities including sinusitis has been granted. The rating for UTI (cystitis) is partially granted from October 29, 2018.

The Board has granted service connection for sinusitis, bronchitis, and COPD. The conditions are found to be at least as likely as not related to active duty service.

The Veteran's service connection claim for allergic rhinitis with sinusitis was granted. The rating for eczema prior to July 5, 2017 and from July 5, 2017 to April 11, 2019 was denied. The rating for onychomycosis from October 9, 2016 to May 13, 2019 was denied. The rating for tinea pedis from October 9, 2016 to March 9, 2017 was denied. A rating of 60 percent for dermatophytosis with eczema starting from May 14, 2019 was granted.

The Veteran's appeals for service connection for obstructive sleep apnea, diabetes mellitus type II, and sinusitis have been dismissed. The appeal regarding an initial compensable rating for migraine headaches is remanded.

The Board has found that additional evidence was added to the claims file since the April 2016 SOC and requires remand for further action, including obtaining any outstanding VA and private treatment records.

The Board has found that additional medical records are needed to properly assess the Veteran's chronic bronchitis and chronic sinusitis, as these records may provide relevant information about the severity of her conditions. The claims for increased evaluations are therefore being remanded.

The Veteran withdrew his appeals for hepatitis C, loss of balance, chest numbness, right and left upper extremity disability, sleep apnea, COPD, sinusitis, ventral hernia, and a higher rating for the chest surgical scar.

The Veteran's claims for chronic sinusitis, sleep disorder, and chronic fatigue syndrome are denied as there is no evidence of current disabilities related to these conditions during the claims period.,The Veteran's claim for coronary artery disease (CAD) and hypertension is also denied. The Board found that the preponderance of the evidence does not support a finding that these conditions were incurred or aggravated by service, including exposure in the Gulf region.

The Board has decided to remand the case due to missing service treatment records and an insufficient VA examination. The Veteran's claim for service connection for a sinus disability is still pending.

The Veteran's bilateral hearing loss is granted as service-connected. The issues of service connection for broken nose, sinusitis, and skin condition are remanded.

The Veteran's allergic rhinitis is rated as noncompensable prior to November 15, 2019 and 30% thereafter. The Veteran's chronic sinusitis has been rated at 10% from August 8, 2008 to November 15, 2019 and 30% thereafter.,The Board is remanding the claims for right elbow disability, right knee disability, and right shoulder disability. The Veteran's previously denied claims of service connection for these conditions are being reopened.

The Veteran's maxillary sinusitis with allergic rhinitis is rated at a 50% disability rating, the highest possible under the applicable diagnostic code.

The Board has remanded the Veteran's claims for chronic sinusitis and anosmia due to a lack of adequate medical opinions in the original decision. The issues are being returned for further development.

The Veteran's claims for service connection and higher ratings for sinusitis, rhinitis, and throat disability are remanded due to the need for additional medical examinations and development of evidence.

The Veteran's sinusitis and rhinitis have been granted a 10% rating since February 7, 2016.

The Veteran's sinusitis is rated at 30 percent from November 22, 2013. The Board found that the evidence did not show more than six non-incapacitating episodes per year with sinusitis characterized by headaches, pain, and purulent discharge or crusting.

The Veteran's hypertension has not been rated higher than 10 percent, as his blood pressure readings have not consistently met the criteria for a higher rating under VA regulations.,Service connection claims for sinusitis and allergic rhinitis are remanded due to incomplete medical opinions provided by the VA examiners.

The Veteran's allergic rhinitis and sinusitis had their onset during service, and the Board has granted service connection for these conditions.

The Board has found the evidence insufficient to determine if the Veteran's claimed conditions are related to his active duty service and is therefore remanding these issues for further examination.