Sinusitis decisions — 2021

The Veteran's claims of service connection for respiratory disability/allergic rhinitis and fatigue have been reopened.,Service connection is granted for fibromyalgia, PTSD, depressive disorder (secondary to PTSD and chronic sinusitis), sleep apnea, and allergic rhinitis.

The Veteran's PTSD is granted a 70 percent rating prior to November 18, 2017. The petition to reopen the service connection for sinusitis and rhinitis is granted.

The Veteran's syrinx of the thoracolumbar spine is granted service connection. The rating for headaches remains at 30 percent, and sinusitis remains at 10 percent. Service connection for left arm disability and hypertension are remanded.

The Board has remanded the case due to a duty-to-assist error, and thus cannot provide a decision on these claims at this time.

The Veteran's service-connected mixed type headaches and sinusitis did not meet the criteria for a higher rating or TDIU prior to April 8, 2019. The Board found that her symptoms were not severe enough to warrant a 50 percent rating under DC 8100.

The reduction of the Veteran's disability evaluation from 50% to 10% for his service-connected allergic rhinosinusitis was improper, and restoration of the prior 50% disability evaluation is granted.

The Board has granted the Veteran's claims for service connection for an acquired psychiatric disorder and sinusitis, both of which are related to his head injury sustained during active duty.

The Board has denied service connection for left knee total joint replacement, right knee replaced broken leg, numbness in left leg and foot (secondary to left knee total joint replacement), left shoulder arthritis, lower back/lumbago, left ankle, and sinusitis. The reasons provided include the lack of a nexus between these conditions and active military service.,The Board found that there is no evidence linking any of these conditions to the Veteran's time in active duty.

The Board has denied the Veteran's claims for service connection for hypothyroidism status post radiation for hyperthyroidism and sinusitis also diagnosed as allergic rhinitis. The appeal is being remanded to obtain an addendum opinion regarding whether sleep apnea was incurred in active service.,Sleep apnea secondary to sinusitis has not been established, but the Veteran's Article 15 charge and complaints of fatigue during service suggest a possible connection.

The Veteran's claim for service connection for dermatitis, bilateral feet is dismissed. The claim to reopen a back disability is denied as no new and material evidence has been received. Service connection for sinusitis (claimed as congestion) is granted. The claims for right shoulder, right knee, and left knee disabilities are remanded.

The Veteran's TDIU claim is granted due to service-connected disabilities.,Service connection for disability of the thoracolumbar spine and sleep apnea are remanded.

The Board has determined that the reduction in the rating from 50 percent to 30 percent for sinusitis, effective March 1, 2018, was proper. The further reduction from 30 percent to 10 percent, effective January 1, 2020, was improper.

The Board has granted service connection for sinusitis and allergic rhinitis, both presumed due to exposure to particulate matter during the Persian Gulf War. The other issues are remanded for further development.

The Board has remanded the Veteran's claims for service connection for a respiratory disorder, including COPD, bronchitis, and sinusitis; service connection for a low back disorder; and TDIU due to newly submitted VA treatment records. These matters will be reconsidered by the Agency of Original Jurisdiction (AOJ).

The Board has remanded the claims of service connection for Parkinson's Disease, SMC based on the need for aid and attendance (A&A), and TDIU due to issues with the August 1954 service treatment notation regarding a nose injury. The Veteran is seeking service connection for his Parkinson's Disease being related to this in-service injury and also secondary to other service-connected conditions.

The Veteran's sinusitis is related to his military service and has been granted.,The Veteran does not have a current diagnosis of gastroenteritis, and the claim for this condition is denied.

The Veteran's claims for PTSD and breathing problems due to asbestos exposure are being remanded as new opinions are needed.,The Veteran's claim for allergic rhinitis is being remanded because his condition may have worsened since the last examination.,The Veteran's claim for right shoulder disability is being remanded due to insufficient evidence of increased severity over time.,Whether the character of the Veteran's discharge during December 1998 to October 2001 constitutes a bar to VA compensation benefits is being remanded as new opinions are needed regarding mental health issues and insanity.,The Veteran's claim for an undiagnosed illness or MUCMI, including weight changes, idiopathic skeletal hyperostosis, spondylitis, autoimmune disease, and chronic fatigue, is being remanded due to the need for clarification of his medical records.,The Veteran's claim for periodic numbness of the lip and jaw (secondary to genioglossal advancement surgery) is being remanded as new opinions are needed regarding the nature and etiology of his condition.,The Veteran's claim for residuals of traumatic brain injury (TBI) is being remanded due to inextricability with the character of discharge issue.,The Veteran's claim for a deviated septum is being remanded due to inextricability with the character of discharge issue.,The Veteran's claim for TDIU is being remanded as it is inextricably intertwined with other claims.

The Veteran's claims for service connection have been reopened, but additional development is needed due to insufficient evidence of direct service connection.

The Veteran's sinusitis, mixed rhinitis, and asthma are related to her service in the Persian Gulf War. The Board granted service connection on a presumptive basis due to exposure to particulate matter.

The Veteran's claim for an increased rating for postherpetic neuralgia of the 9th cranial nerve involving the right ear was granted with a 10 percent evaluation effective August 13, 2020. The Veteran's TDIU claim was denied as his service-connected disabilities did not render him unable to secure or follow substantially gainful employment.