Sinusitis decisions — 2021

The Board has dismissed the appeal for a rating higher than 50 percent for sinusitis. An effective date of November 21, 2012, is granted for a 50 percent rating for sinusitis. The Veteran's TBI and PTSD are remanded for further examination and evaluation. A dental condition/loss of teeth is also remanded.

The petition to reopen the previously denied claim of entitlement to service connection for a low back disability, to include degenerative disc disease (DDD), is granted. Entitlement to service connection for a low back disability, to include DDD, is also granted.,Entitlement to service connection for sinusitis, to include as secondary to low back condition, is remanded.

The Board has remanded the cases due to inadequate consideration of the Veteran's lay statements regarding his in-service TBI and related symptoms. The cases are also remanded for additional development, including obtaining private treatment records from Dr. H., associating outside treatment records with the claims file, and scheduling a VA examination for sinusitis.

The Veteran's hypertension was found to have manifested within a year after separation from service, meeting the criteria for direct service connection.

The Veteran's asbestosis with calcified plaques is rated at 30 percent, which does not meet the criteria for a higher rating. The Board found that his pre-bronchodilator FVC results were not supportive of a higher rating and did not indicate cor pulmonale or pulmonary hypertension. For TDIU, the Veteran's service-connected disabilities do not render him unable to secure or follow substantially gainful employment.

The Board has determined that the Veteran does not have a current diagnosis of chronic sinusitis and therefore, service connection for this condition is denied.

The Veteran's sinusitis with headaches is rated as 50 percent disabling from May 16, 2007 to August 20, 2015.,Entitlement for a higher rating for sinusitis with headaches from August 20, 2015 and thereafter is denied.

The Veteran's claim for service connection for PTSD with major depressive disorder was granted. Claims for other conditions were denied or remanded.

The Board has determined that additional development is necessary to properly adjudicate the Veteran's claim for service connection for obstructive sleep apnea, including as secondary to his service-connected chronic maxillary sinusitis and allergic rhinitis. The decision is remanded.

The Veteran's left elbow gout is granted service connection. The Veteran's left shoulder disability, other than the already service-connected left shoulder gout, and sinusitis are denied service connection. Service connection for bilateral eye disability, other than right eye pterygium, is remanded.

The Board has denied service connection for various disabilities, including bilateral hand, elbow, and knee disabilities as well as sinusitis. The case is remanded to obtain additional medical opinions regarding the etiology of these conditions.

The Board has remanded the claim of service connection for chronic sinusitis due to insufficient medical evidence and a need for an addendum opinion.

The Board has determined that the Veteran's nasal disability, including septal perforation and sinusitis, likely began during his military service due to exposure to extreme heat, dryness, and sandstorms in Iraq. As a result, the Board granted service connection for these conditions.

The Veteran was granted a 50% rating for allergic rhinitis and sinusitis from September 1, 2005 to January 11, 2012.,The Veteran's claim for TDIU was denied from September 1, 2005 to January 11, 2011.

The Veteran's claims for service connection for PTSD, residuals of cold injury to the feet, and other psychiatric disorders were denied as there was no evidence of a verified in-service stressor or diagnosis of residuals of cold injury to the feet. The Board found that new and material evidence had not been submitted to reopen these claims.,The Veteran's claim for service connection for gout was denied as there is no evidence showing that his gout initially manifested during service, nor did it have a nexus with service.

The issue of entitlement to service connection for bilateral lower extremity radiculopathy is dismissed without prejudice.,The issues of entitlement to an initial evaluation in excess of 20 percent disabling for the period prior to April 4, 2017, and in excess of 40 percent disabling for the period thereafter, for service-connected residuals of low back injury with compression fracture of T11 and mild degenerative changes; entitlement to a total disability rating based upon individual unemployability due to service-connected disabilities (TDIU) for the period prior to June 1, 2011 are remanded.,The issues of entitlement to service connection for sleep apnea, migraines, sinusitis, GERD, and bilateral athlete's foot are remanded.,,,,,

The Board has remanded the cases of service connection for a left ear injury and a respiratory disorder due to inadequate VA examinations in January 2021. The Veteran's STRs were unavailable, which may affect the outcome.

The Veteran is granted SMC under 38 U.S.C. § 1114(m) for loss of use of both legs and SMC under 38 U.S.C. § 1114(l) based on the need of regular aid and attendance due to multiple service-connected disabilities other than those indicating that he has loss of use of both legs.,The Veteran is also granted SMC under 38 U.S.C. § 1114(o).,However, the Veteran's entitlement to SMC under 38 U.S.C. § 1114(r)(2) remains pending as it requires a higher level of care which has not been determined.

The Veteran's service-connected sinusitis and headaches have prevented him from securing or maintaining a substantially gainful occupation since January 1, 2008. A total disability rating based on individual unemployability (TDIU) is granted on an extraschedular basis.

The Veteran's service-connected disabilities prevented him from obtaining and maintaining substantially gainful employment consistent with his educational background and work history since at least February 12, 2013.