Sinusitis decisions — 2021

The Veteran's appeal of the AOJ's October 5, 2021 rejection of his VA Form 20-0996 for asthma on a presumptive basis was denied. The AOJ did not err in rejecting the form because it was not timely submitted.

The Board has granted service connection for sinusitis on a presumptive basis. The remaining issues have been remanded due to the need for additional development.

The Veteran's claims for service connection and increased ratings were denied. The effective dates for the granted benefits are not earlier than October 19, 2018.

The Board denied the Veteran's request for an earlier effective date of August 19, 2019, for his TDIU due to service-connected disabilities. The evidence did not show that he was unemployable prior to this date.

The Veteran's claims for service connection for obstructive sleep apnea, sinusitis, dizziness, rhinitis, headaches, and an acquired psychiatric disorder have been denied. The Board found that the evidence did not support a current diagnosis of these conditions.

The Veteran's claims for increased ratings for chronic sinusitis with headaches and allergic rhinitis, as well as the derivative TDIU claim based on his left eye disability, are being remanded due to incomplete development. The SOC has not been provided to the Veteran and his representative, and the referral of the TDIU claim to the Director of Compensation Service for extra-schedular consideration is required.

The Veteran's appeal is remanded due to outstanding private and VA treatment records that need to be obtained for a complete evaluation of his service-connected disabilities.

The Veteran's chronic sinusitis and GERD are granted service connection as they became manifest within the first year after separation from active duty.,Service connection is also granted for a central nervous system disorder, to include white matter disease disorder.

The Veteran's claims for increased ratings were granted. The 50 percent rating for migraine headaches was confirmed, the 40 percent rating for TMJ was restored to July 16, 2013, and service connection for sinusitis with an effective date earlier than April 30, 2012 was established.

The Board has remanded the claims for service connection for allergic rhinitis and sinusitis due to inadequate rationale in the most recent VA examination.

The Veteran's claims for service connection for chronic constipation, hemorrhoids, diabetes mellitus, gout, GERD, sinus disorder (including watery eyes), and sebaceous cyst have been dismissed. The Board found that the evidence did not support a direct nexus between these conditions and active service.

The Board has determined that the Veteran's nasal disability, including septal perforation and sinusitis, is at least as likely as not due to service. As a result, the claim for service connection for this condition is granted.

The Veteran's claim for service connection for a sinus disability, claimed as chronic sinusitis, is being remanded due to the failure of the AOJ to obtain his 2002 separation physical examination and medical history reports.

The Veteran's appeal is remanded for additional development to determine the etiology of his respiratory disabilities, including chronic sinusitis, chronic bronchitis, and COPD. The TDIU claim is also remanded due to its inextricability with the service connection issue.

The Veteran's service-connected conditions do not render her unable to secure or follow substantially gainful employment, as the evidence does not show that they prevent her from performing sedentary work.

The Veteran's sinusitis and headaches are granted service connection due to presumed exposure to fine particulate matter during service in Afghanistan. The left hip disability and left leg radiculopathy are remanded for further examination and opinion.

The Board has granted service connection for bilateral hearing loss but has remanded the issues of service connection for headaches and respiratory condition due to insufficient evidence.

The Veteran's PTSD, sinusitis, chronic fatigue syndrome, granulomatous lung disease and service connection for testosterone disorder are granted with effective dates of July 12, 2017. Service connection for GERD is denied. The Veteran's skin conditions remain denied.

The Board has remanded the case due to conflicting diagnoses and need for clarification regarding the relationship between sinusitis or allergic rhinitis and service.

The Veteran's chronic sinusitis is granted an initial rating of 30 percent, but not higher, throughout the entire period on appeal.