Sinusitis decisions — 2023

The Board has granted a TDIU for the period prior to April 8, 2019, and established basic eligibility for Dependents' Educational Assistance benefits for that same period. The Veteran's service-connected disabilities meet the criteria for a TDIU.

The Board has remanded the issues of service connection for uterine fibroids, sinusitis, neck disability, left ankle disability, right ankle disability, back disability, and bilateral foot disability (plantar fasciitis).

The Board has decided to remand the Veteran's claims for service connection due to incomplete service treatment records and a need for further examination. The Veteran reported being struck in the face by a metal can of syrup during service, which may have caused his current facial injuries.

The Veteran's claim for an increased rating for allergic rhinitis is denied, and his claim for service connection for chronic sinusitis is granted. The Veteran has qualifying service in Afghanistan during the Persian Gulf War, which allows for presumptive service connection for chronic sinusitis.

The Veteran's tinnitus was granted service connection. The skin disability, variously claimed as contact dermatitis and neck rash, was denied. Other conditions were either not granted or remanded for further review.

The Veteran's claim for service connection for hypertension has been resolved in full with a grant of benefits. The remaining issues have been remanded due to the need for additional evidence and medical opinions.

The Veteran's claims for service connection for sleep apnea and an initial compensable evaluation for migraine headaches are remanded due to duty-to-assist errors.

The Veteran's right ankle instability is granted with a separate 20 percent rating.,Entitlement to an increased rating for chronic sinusitis and right ankle lateral collateral ligament sprain with osteoarthritis remains denied.

The Board has decided that the Veteran's low back disability and sinusitis are not service-connected. The case is being remanded for further examination and opinion regarding the Veteran's sinusitis.

The Veteran's claims for service connection and increased ratings are being remanded due to deficiencies in the examination reports, including lack of rationale for diagnoses and consideration of lay statements.

The Veteran's service connection claims for dermatosis, chronic sinusitis, and a headache disability have been granted. The Veteran also received increased evaluations for PTSD (70%), fibromyalgia (40%), and irritable bowel syndrome (30%). Bilateral hearing loss was denied.,An effective date of August 6, 2018, has been assigned for the 70% evaluation for PTSD. Effective dates have also been assigned for increased evaluations for fibromyalgia and irritable bowel syndrome.

The Board has dismissed all the claims related to the Veteran's service-connected conditions as the appellant died during the appeal process.

The Veteran's appeal for a rating in excess of 70 percent from November 20, 2019 for PTSD is dismissed.,The Veteran's appeal for a compensable evaluation for allergic rhinitis is dismissed.,The Veteran's claim to reopen service connection for sinusitis based on receipt of new and material evidence is dismissed.,Service connection for hypertension prior to August 10, 2022 is granted due to the PACT Act.,Service connection for back disability is denied as there was no new and material evidence received.,Service connection for residuals of a stroke is remanded as there was no new and material evidence received.,Service connection for kidney disease is reopened but not granted, as there was no new and material evidence received.,Service connection for hypertension from August 10, 2022 pursuant to the PACT Act is granted.,Service connection for osteoporosis on a secondary basis is denied.,Service connection for OSA on a secondary basis is denied.,Service connection for bruxism on a secondary basis is denied.

The Board has determined that further examination and development are necessary to properly adjudicate the Veteran's claims for service connection. The issues of entitlement to service connection have been remanded.

The Board has denied the Veteran's claims for service connection for sinusitis, a left shoulder disability, and a left leg disability due to lack of current diagnoses.

The Board has remanded the claims for service connection due to new evidence received since the last decision, including VA treatment records and examination reports. The AOJ should review all of this evidence before readjudicating the claims.

The Veteran withdrew her appeals for service connection for sinusitis and residuals of a tonsillectomy.

The Veteran's service connection for blurred vision is denied. Service connection and initial rating for maxillary sinusitis are granted, but a higher rating is denied from November 1, 2013 to April 4, 2021. A temporary TDIU prior to February 27, 2017 is also denied.

The Veteran's claim for service connection for chronic sinusitis, irritable bowel syndrome (IBS), hemorrhoids, and migraines is granted. The PACT Act recognizes these conditions as presumptive due to burn pit exposure.

The Veteran's service connection claim for chronic sinusitis and allergic rhinitis is granted.,Other claims are remanded for further development.