Sinusitis decisions — 2021

The Board has remanded the Veteran's claims for an initial rating in excess of 10 percent for residuals, brain tumor surgery with vertigo of central origin and other associated conditions due to a lack of recent VA examination. The issues are now pending before the AOJ.

The Board has remanded the case for a new VA examination to determine if any diagnosed respiratory disorder is related to in-service asbestos exposure, as the previous examinations and opinions did not fully address all relevant evidence.

The Veteran's service-connected disabilities, including recurrent low back strain and right lower extremity neuropathy, precluded him from obtaining and maintaining substantially gainful employment prior to January 26, 2010. The Board granted a TDIU on an extraschedular basis.

The Board denied service connection for various conditions, including coronary artery disease, diabetes mellitus, headaches, a psychiatric disorder (depressive disorder), fatigue and feeling winded and/or out of breath, sinusitis, left eye disability, and right eye disability.

The Board has remanded the Veteran's claim for a disability rating in excess of 10 percent for his service-connected allergic rhino sinusitis due to the need for additional evidentiary development.

The Board has decided to remand the case due to an inadequate opinion regarding the etiology of the Veteran's sleep apnea. The examiner must address whether it is at least as likely as not that the sleep apnea had its onset in or is otherwise related to service, and if it is proximately due to his service-connected chronic sinusitis and/or allergic rhinitis.

The Board has remanded the Veteran's claims for service connection for various conditions, including osteoarthritis of the hands and respiratory issues, all related to exposure to herbicides. The Veteran was not provided a DRO hearing as requested.

The Board has restored the original disability ratings for pansinusitis and IVDS, finding that there was no actual improvement in the Veteran's conditions to warrant a reduction.

The Board has reopened the Veteran's claims for service connection for tinnitus and denied all other service connection claims. Service connection was not granted for tinnitus, chronic sinusitis/rhinitis, pes planus, acquired psychiatric disorder (to include PTSD), hypertension (HTN), or ulcers.

The Veteran's claims for service connection for various conditions, including depression, lumbar spine disability, intervertebral osteochondrosis, C3-C4, C6-C7, bilateral hearing loss, parotid gland neoplasm, and peripheral neuropathy have been granted with effective dates of May 20, 2011.,The Veteran's claim for service connection for depression has also been granted with an effective date of January 30, 2009.

The Board has remanded the issue of a rating in excess of 10 percent for sinusitis due to new VA treatment records being added to the claim file.

The Board has determined that a 50 percent rating is warranted for the Veteran's chronic sinusitis from April 12, 2016 onwards. Prior to this date, the Veteran was not entitled to a higher rating due to insufficient evidence of purulent discharge or crusting.

The Board has determined that there was inadequate compliance with the prior remand instructions and thus the case must be returned to the AOJ for further development.

The Board has remanded the Veteran's claims for service connection for a right foot disorder and chronic sinusitis due to incomplete development of records and need for additional medical opinions.

The Board has determined that additional development is needed for all issues on appeal due to the inadequacy of previous VA examinations and the Veteran's claims file includes evidence indicating worsening of his conditions.

The Veteran's claims for tinnitus, costochondritis, tonsillitis, low back disorder, right hip disorder, left hip disorder, left lower extremity disorder, rhinitis, sinusitis, and headaches have been denied. The case is remanded for additional development in regard to these issues.,An effective date prior to June 30, 2016 for the award of service connection for tinnitus has not been granted.

The Veteran's claim for a TDIU on an extraschedular basis prior to May 23, 2011 is denied as the evidence does not show that he was precluded from securing and maintaining substantial and gainful employment solely by virtue of his service-connected disabilities.

The Veteran is granted TDIU based on service-connected disabilities from October 19, 2006 and TDIU based on depressive disorder alone from October 25, 2019.,Effective October 25, 2019, the Veteran also receives SMC at the housebound rate due to his service-connected disabilities.

The Veteran's claim for service connection for chronic sinusitis with headaches, PUD, appendectomy scar, frostbite residuals of the right foot, and PN of the bilateral feet has been reopened. Effective May 13, 2010, service connection was granted for left foot PN. An effective date prior to April 18, 2011, is denied for all other issues.,Right foot conditions, including hallux valgus and plantar fibroma status post fascial injury, are remanded for clarification of their etiology.

The Veteran's claim for a total rating based on unemployability due to service-connected disabilities is granted, with the exception of his right knee and back issues which are remanded. The Veteran also has higher ratings for his mechanical low back syndrome and limitation of flexion of the right knee.