Sinusitis decisions — 2022

The Board has remanded the Veteran's claims for chronic sinusitis, obstructive sleep apnea (OSA), and gastroesophageal reflux disease (GERD) due to inadequate medical opinions regarding their etiology. The case is being returned for further development.

The Board found that the Veteran's March 2017 substantive appeal was untimely, as it was received nearly one year after the April 2016 Statement of the Case and more than 60 days after the April 2016 SOC. The decision denied the appeal due to lack of timely submission.

The Board has granted a 30 percent rating for chronic maxillary sinusitis and an effective date of January 20, 2016. The Veteran's allergic rhinitis is rated as noncompensable throughout the appeal period.

The Veteran's service-connected bilateral shoulder conditions and foot disabilities prevented him from securing or maintaining substantially gainful employment prior to November 1, 2018.

The Board has granted service connection for obstructive sleep apnea as secondary to the Veteran's service-connected allergic rhinitis, finding that reasonable doubt should be resolved in favor of the Veteran.

The Board has reopened the claim for service connection for sinusitis, rhinitis, allergies and hay fever due to asbestos exposure. The claims for chronic-eye disorder are also remanded as new evidence suggests a possible secondary or aggravation relationship with service-connected mental health conditions.

The Board has denied service connection for basal cell carcinoma and remanded the claims for hearing loss and sinusitis/rhinitis due to lack of evidence showing a current disability.

The Veteran's claims for service connection have been reopened, and the Board has granted service connection for PTSD, headaches as secondary to a psychiatric disability, skin disability, chronic sinusitis, GERD, tinnitus, and hypertension. The claim for blood in stool is denied. The Board has also remanded several issues related to the Veteran's disabilities.

The Veteran's claims for service connection for bronchitis and nonservice-connected pension benefits have been dismissed due to the Veteran's death. The Board has no authority to adjudicate these matters as they are now moot.

The Veteran's claims for service connection have been granted for his right hip degenerative joint disease and bursitis, left knee degenerative joint disease, and OSA. The appeals for asthma, rhinitis, right knee disorder, sinusitis, and right ankle disorder are dismissed as the benefits sought have already been granted.

The Veteran's service-connected disabilities prevent her from securing or following a substantially gainful occupation, but only beginning December 16, 2020. TDIU is granted for this period.

The Board has determined that additional development is needed to determine the etiology of any right ankle, right leg, and right foot disorders (other than pes planus) and sinusitis/allergic rhinitis. The Veteran's service treatment records show relevant medical history and current symptoms.

The Veteran's claim for service connection for a left foot disability is denied as the evidence does not support a finding that any current left foot disability is related to active service or caused by other service-connected disabilities.,Claims for higher ratings for chronic sinusitis prior to March 2, 2020, and from March 2, 2020, are both denied. The Veteran has experienced non-incapacitating episodes of sinusitis in the past year but no incapacitating episodes.

The Veteran's claims for service connection have been granted, with the exception of the right knee disorder claim which is being remanded. The conditions are presumed to be related to his Persian Gulf War service.

The Veteran's claim for a higher rating of his hernia right anterior tibialis muscle with scar prior to July 17, 2017 is being remanded due to the need for additional medical records.,The Veteran's claim for service connection for a respiratory nose injury (sinusitis) is also being remanded as there are insufficient opinions provided by the VA examiner.

The Veteran's claim for service connection for chronic sinusitis is being remanded due to the need for a VA examination. The issue of increased rating for allergic rhinitis, which is inextricably intertwined with the service connection issue, is also being remanded.

The Veteran's appeal is remanded for further examination and opinion regarding his skin disabilities, as the current VA opinions are inadequate. The Board also finds that service connection should be reopened on new evidence.

The Veteran's allergic rhinitis is granted a 10 percent rating from December 30, 2010. The Veteran's service connection claim for hemorrhoids is denied.

The Board has remanded the case for further consideration, including a determination on whether the Veteran was unemployable due to service-connected disabilities from March 6, 2015, to June 20, 2016.

The Board has decided to remand the case due to insufficient medical opinions regarding the Veteran's headaches and their relation to service. The Appellant is seeking service connection for headaches, deviated septum, and sinusitis.