Sinusitis decisions — 2021

The Board has denied service connection for sinusitis and remanded the cases of bilateral hand disability and right hand pain at digits due to lack of current diagnoses.

The Veteran's appeal for a compensable rating for sinusitis prior to June 29, 2015, and a higher rating thereafter was denied.,For the left foot disability, the Veteran's appeal for a compensable rating prior to June 29, 2015, and a higher rating from that date forward was also denied.

The Veteran's claim for a rating in excess of 50 percent for service-connected pansinusitis with headaches was denied.,The Veteran's claim for TDIU benefits due to his service-connected disabilities was granted.

The Veteran requested a personal hearing and informal conference regarding his service connection claims. The Board has not scheduled these hearings, so the case is being remanded to do so.

The Veteran's claim of entitlement to a TDIU was part and parcel of his underlying claim of entitlement to increased ratings for his shoulder condition. The Board denied the TDIU as it appears that the Veteran was gainfully employed, although there is incomplete information regarding the precise dates of employment and whether such was gainful.

The Board has granted service connection for PTSD, finding that the Veteran's current condition is due to a military sexual trauma (MST) in service. Service connection was denied for sinusitis as there is no evidence of such disability during or after service.

The Board has determined that additional evidence is needed to properly evaluate the Veteran's service-connected conditions, particularly for his lumbar spine disability. The claims are being remanded to obtain relevant treatment records and to schedule a VA examination.

The Veteran's initial 30 percent disability rating for service-connected sinusitis was denied prior to September 18, 2012. The Board found that the evidence did not meet the criteria for a higher rating under either the old or current diagnostic codes.

The Board denied service connection for various conditions, including diabetes mellitus, diabetic retinopathy, peripheral neuropathy of the lower extremities, and a diabetic ulcer of the toe. The Veteran's diabetes was not shown to have had its onset during active duty or be otherwise related to military service.

The Veteran's right foot disability is granted service connection. The Board has remanded the issues of service connection for sinusitis and a back disability, as secondary to service-connected bilateral knee and feet disabilities.

The Veteran's claim for service connection for a respiratory disorder, including left upper lobe granulomatous infection with pulmonary nodule, was reopened and granted effective June 20, 2013. An effective date of June 20, 2013, but no earlier, is assigned for the award of service connection. The Veteran's claim for TDIU prior to April 15, 2008 remains denied.

The Veteran's service-connected disabilities do not render him unable to obtain and retain substantially gainful employment, as his combined evaluation is only 40 percent, which does not meet the minimum percentage rating required for consideration of assignment of a total disability rating for individual unemployability. The Board finds that the preponderance of the evidence is against the claim for a total disability evaluation based on individual unemployability due to service-connected disabilities.

The Veteran's claim for increased ratings for acute maxillary sinusitis, recurrent is denied. The maximum schedular rating of 50% has been assigned since February 20, 2019.

The Veteran's service-connected conditions, including obstructive sleep apnea with bronchial asthma and unspecified depressive disorder, prevent him from securing or following substantially gainful employment. The Board has granted a TDIU based on these disabilities.

The Veteran was granted a TDIU for the period from September 1, 2011 to November 14, 2011. The claim of entitlement to TDIU for the period from November 15, 2011 to December 31, 2012 is moot due to the Veteran's 100% schedular rating and SMC under 38 U.S.C. § 1114(s). The claim of TDIU prior to September 1, 2011 was denied.

The Veteran's service-connected back and shoulder disabilities were of sufficient severity to preclude substantially gainful employment from July 2, 2010 to February 27, 2014. The Board granted a TDIU for this period.

The Board has remanded several issues including service connection for hypertension, skin disability, and respiratory disability. The Veteran's TDIU claim is also pending.

The Veteran's appeals for service connection for bilateral hearing loss, tinnitus, and an earlier effective date for a 50 percent rating for pansinusitis have been dismissed.

The Veteran withdrew his appeal regarding the rating for allergic rhinitis before a decision was made.

The Board has decided to remand the case due to insufficient opinions regarding whether the Veteran's current nasal condition of allergic rhinitis was incurred during active duty, including as a result of an inservice altercation. The case will be returned for further development and consideration.