Sinusitis decisions — 2022

The Board has decided that the VA medical examination provided in August 2017 is inadequate for determining whether the Veteran's service-connected chronic sinusitis aggravated his obstructive sleep apnea. The case is being remanded to obtain a new opinion from a VA examiner.

The Board has remanded the claims for acid reflux and a respiratory condition (including sinusitis and rhinitis) due to incomplete treatment records from private doctors, failure to apply the Court's holding in Clemons v. Shinseki, and failure to address the duties imposed by 38 C.F.R. § 3.103(d)(2).

The Veteran's right knee condition is not rated higher than noncompensable due to limited extension, which does not meet the criteria for a compensable rating under Diagnostic Code 5261.,Sinusitis has been granted a 10% rating from January 15, 2020 onwards based on three or more non-incapacitating episodes per year of sinusitis characterized by headaches, pain, and purulent discharge or crusting.

The Board denied service connection for rhinitis, sinusitis, and a low back disability as the evidence did not support that these conditions began during active service or were related to an in-service injury.

The Board has decided to remand the Veteran's claims for service connection due to exposure to herbicide agents, including Agent Orange. The issues include prostate cancer, lung disability (asthma and allergic rhinitis), chloracne, and heart arrhythmia with pacemaker.

The Board has remanded the case due to a failure to comply with VA's duty to assist and remand directives. The Veteran is seeking service connection for obstructive sleep apnea (OSA) as secondary to his service-connected sinusitis with rhinitis and/or asthmatic bronchitis.

The Board has remanded the Veteran's claims for service connection for a right knee disorder, sinusitis, and headaches due to insufficient examination opinions. The Veteran is required to undergo further VA examinations to determine if his current conditions are related to his military service.

The Board has remanded the cases for further development and examination to determine if the Veteran's hearing loss disability, sinusitis, and ear infections are related to his military service.

The Veteran's claims for service connection and increased ratings have been dismissed due to the Veteran withdrawing his appeals. The Board has also remanded several issues for further examination.

The Veteran's PTSD is rated at 70 percent prior to August 24, 2020. The case is remanded for further development regarding service connection for sinusitis and rhinitis, a rating in excess of 70 percent for PTSD, and TDIU.

The Veteran's respiratory disorder, including sinusitis and rhinitis, is found to be service-connected. The skin condition of the feet and swollen and painful joints of the feet are remanded for further evaluation. The right shoulder disability and PTSD are also remanded.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence and outstanding records. The Veteran is seeking service connection for various conditions, including liver condition, low back disability, neck disability, fatigue (claimed as chronic fatigue syndrome), sinusitis, and allergic rhinitis.

The Board has granted the Veteran's claims to reopen for service connection for sinusitis, left shoulder injury, right ankle condition, bilateral hearing loss, and cold injury of the bilateral upper extremities. The claims are remanded for further development.

The Board has decided that a further VA examination is needed to determine the current severity of the Veteran's sinusitis, as there are conflicting findings from prior examinations and unclear history provided by the examiner.

The Board denied the Veteran's claims for service connection for sinusitis and allergic rhinitis, finding no new and material evidence to support reopening of these claims.

The Veteran's appeal for a higher rating for sinusitis was withdrawn, and the right shoulder disability claim was granted. The Board found that the current right shoulder disability is proximately due to his December 2009 motor vehicle accident.

The Board has granted service connection for a low back disorder, sinusitis, and bladder incontinence. Service connection was denied for right hip disorder.

The Board has determined that the Veteran's obstructive sleep apnea is aggravated by his service-connected chronic sinusitis and/or rhinitis, and thus grants service connection for this condition as secondary to those disabilities.

The Board has remanded the case for additional development, including obtaining Social Security Administration (SSA) records and conducting a VA examination to assess the Veteran's occupational/functional impairment due to his service-connected disabilities prior to September 5, 2020.

The Board denied service connection for a low back disorder, chronic sinusitis, COPD, and a tremor of the right hand. The Veteran's conditions were not shown to have started during his active service or are otherwise related to an in-service injury or disease.,There is no evidence that any of these conditions began during the Veteran's period of active service.