Sinusitis decisions — 2020

The Veteran's chronic sinusitis is remanded for further evaluation due to inconsistencies in the medical records and the need for an addendum opinion.

The Board has denied the Veteran's claims for service connection for bilateral hearing loss, sinusitis, and psoriasis. The claim for an initial rating in excess of 10 percent for lumbar sprain and strain is remanded due to insufficient evidence. The claim for an initial rating in excess of 30 percent for headaches remains on appeal.

The reduction in the disability evaluation for chronic sinusitis from 30 percent to noncompensable effective September 1, 2016 was improper. The reduction in the disability evaluation for allergic rhinitis from 10 percent to noncompensable effective September 1, 2016 was proper.

The Board has denied service connection for obesity, shin splints, sleep apnea, and sinusitis. The claims for sleep apnea and sinusitis are remanded due to insufficient evidence.

The Veteran's service-connected disabilities are not shown to result in permanent disability, and therefore the criteria for a permanent and total rating under VA regulations are not met.

The Board has remanded the Veteran's claims for sinusitis, hallux valgus and osteoarthritis of the left MTP joint, and hallux valgus and osteoarthritis of the right MTP joint due to incomplete development.

The Board dismissed the appeals for service connection of chronic fatigue syndrome, chronic lumbar spine disability, chronic sinusitis, hemorrhoids, seasonal allergies, and sleep disorder. The claim for service connection of tinnitus was reopened but not granted.

The Veteran's PTSD has been granted with an initial rating of 70 percent, effective January 31, 2018. The other conditions have not received a higher rating.

The Board has determined that there is no probative evidence linking the Veteran's current chronic sinusitis to his service, and thus denied his claim for service connection.

The Board has found that new and material evidence has been received to reopen the claims for service connection for headaches, chronic fatigue, sinusitis, a lumbar spine disability, and right lower extremity radiculopathy. However, the preponderance of the evidence is against finding that these conditions were incurred in or are otherwise related to service.

The Board has granted service connection for the residuals of a hypothermia injury to the bilateral lower legs and feet, but remanded other issues due to lack of adequate medical opinions.

The Board has granted a 10 percent evaluation for sinusitis, but denied the Veteran's claims for increased ratings for migraine headaches and TDIU. The case is being remanded to obtain information about the Veteran's employment history during the period on appeal.

The Veteran's service-connected migraine headaches and chronic maxillary sinusitis do not render her unable to obtain or maintain substantially gainful employment, as she has a combined disability rating of 60 percent. The Board denied TDIU on an extraschedular basis.

The Board denied the Veteran's motions to revise the June 2018 rating decisions that denied service connection for bilateral pes cavus and sinusitis, finding no clear and unmistakable error.

The Veteran's low back disability, including myofascial pain syndrome and degenerative disc disease of the lumbar spine, has been rated at 20 percent. The Board denied a higher rating as his symptoms do not meet or nearly approach criteria for ankylosis or limitation of forward flexion to 30 degrees.

The Board has remanded the case due to insufficient medical opinions regarding the cause of death and whether service-connected disabilities contributed to it. The Veteran died from a brain tumor, but without known pathology of the brain mass, no definite determination can be made on whether the brain mass was related to military service or metastasized from his service-connected prostate cancer.

The Board has remanded the case due to a failure to schedule a VA examination, and the Veteran was not notified of any scheduled examination.

The Board has remanded the case due to insufficient evidence regarding the onset of sinusitis during service. The appellant and other family members testified that the Veteran had symptoms after his Navy ship was hit by a mine, including inhalation of smoke and chemical substances. There is also mention of endoscopic sinus surgery in 1993. A VA medical opinion is needed to determine if these events are related to the Veteran's current condition.

The Board has dismissed the appeals for paresthesia of the fifth trigeminal cranial nerve, deviated septum, residuals of crushed jawbone, residuals of crushed eye, vision problems, and sinusitis. The remaining issues have been remanded for further examination and evaluation.

The Board denied service connection for sinusitis, finding that the evidence did not establish a causal relationship between the condition and either service or a service-connected disability.