Sinusitis decisions — 2021

The Veteran's initial claim for an initial compensable disability rating for service-connected chronic sinusitis is denied as the evidence does not show one or two incapacitating episodes of sinusitis requiring prolonged (lasting four to six weeks) antibiotic treatment, or three to six non-incapacitating episodes per year of sinusitis characterized by headaches, pain and purulent discharge or crusting.

The Veteran's PTSD is rated at 100 percent effective July 16, 2012. The Veteran also received SMC based on housebound status due to his service-connected disabilities.

The Veteran's service-connected disabilities render him unable to secure or maintain substantially gainful employment, and the Board has granted entitlement to TDIU.

The Board has decided to remand the case due to inadequate medical opinion regarding the likely etiology of the Veteran's claimed chronic sinusitis. The case will be returned for further development, including obtaining an adequate medical opinion from a physician or otolaryngologist.

The Board has granted an initial 30 percent rating for chronic sinusitis, finding that the Veteran's condition meets the criteria for such a rating based on more than six non-incapacitating episodes per year of sinusitis characterized by headaches, pain, and purulent discharge or crusting.

The Board has denied the Veteran's claim for service connection for a headache disability other than sinusitis due to lack of evidence showing a current disability. The issues of compensable evaluations for left and bilateral hearing loss disabilities prior to and from November 4, 2020 are remanded.

The Veteran's sinusitis is currently rated at 30 percent from October 30, 2018. This rating reflects the severity of his condition with more than six non-incapacitating episodes per year and no incapacitating episodes.

The Board has decided to remand the case due to insufficient medical opinion regarding the relationship between the Veteran's sinus condition and his in-service asbestos and herbicide agent exposures. The Veteran is also requested to provide any private treatment records from an ENT.

The Veteran's sinusitis is denied as there is no evidence of continuity of symptoms since service and the current diagnosis does not meet the criteria for service connection.,The Veteran's bilateral pes planus is granted with a 10 percent evaluation, effective February 5, 2018. The Board finds that his disability does not warrant a higher rating as it does not more closely approximate pronounced flatfoot.,The Veteran's fracture of proximal and 5th metatarsal of the left foot is granted with a 10 percent evaluation, effective February 5, 2018. The VA examiner found that his disability did not meet the criteria for a higher rating as it does not more closely approximate pronounced flatfoot.,The Veteran's service connection claims for headaches and sleep apnea are remanded due to insufficient evidence regarding secondary service connection.,The Veteran's service connection claim for sleep apnea is remanded due to insufficient evidence regarding secondary service connection.

The Veteran's claims for a higher rating for sinusitis and service connection for a throat disability are being remanded due to the need for additional examinations.

The Veteran's sinusitis is rated at 10 percent prior to October 17, 2019 and at 50 percent on or after that date. The Board found no evidence of near constant symptoms warranting a higher rating.

The Veteran's service connection for migraine headaches is granted. The rating for pansinusitis prior to August 7, 2019, is increased to 30 percent; however, the rating as of August 7, 2019, remains at 50 percent. The rating for hiatal hernia with GERD prior to August 7, 2019, is denied. The rating for cervical spine disability and right carpal tunnel syndrome with radiculopathy are remanded.

The Board has remanded the Veteran's claims for additional development to obtain medical records and ensure compliance with previous remand instructions.

The Veteran's initial ratings for sinusitis and allergic rhinitis were denied as his symptoms did not meet the criteria for higher ratings under the applicable rating schedule.,For sinusitis, the Veteran was granted a 10 percent evaluation. However, he is still seeking a higher rating due to recurring episodes of non-incapacitating symptoms.

The Board has remanded the Veteran's claims for service connection due to a lack of VA treatment records and potential police reports. The Veteran is required to provide information about any private treatment she received, including physical therapy for her back from Pivot, and authorize VA to obtain these records.

The Board has decided to remand the cases for additional development, including a VA examination for migraine headaches and an addendum opinion regarding sinusitis. The claims of entitlement to increased ratings for migraine headaches and allergic rhinitis and sinusitis are being returned to the agency of original jurisdiction (AOJ) for further action.

The Veteran's sinusitis was granted service connection. The remaining issues (psychiatric disorder, migraine headaches, rheumatoid arthritis, right eye disorder, and left eye disorder) are remanded for further evaluation.

The Board has remanded the cases for further development and adjudication due to incomplete medical records from Dr. Cook.

The Veteran's chronic sinusitis was initially denied before February 5, 2020. From that date until June 11, 2018, his allergic rhinitis was also denied.,Effective from February 5, 2020, the Veteran received a 30% rating for chronic sinusitis and effective from June 11, 2018, he received a 30% rating for allergic rhinitis.

The Veteran's claim for a higher rating for DDD of the lumbar spine with IVDS prior to November 2, 2020 is granted at 20 percent. The claim for maxillary sinusitis since November 2, 2020 is granted at 50 percent. The claim for traumatic deviated septum remains denied.