Sinusitis decisions — 2023

The Board has determined that new and material evidence has been received to reopen several service connection claims, including for bilateral eye disability, psychiatric disorder, OSA, hypertension, cervical spine, left shoulder disability, right shoulder disability, left wrist disability (CTS), right wrist disability (CTS), left lower extremity disability (residuals of left femur fracture), gout, sinus disability (sinusitis), breathing disability (allergic rhinitis), colon cancer, colon polyps, hemorrhoids, and H. Pylori infection (claimed as stomach disability). These claims are now remanded for further development.

The Board has found that additional development is needed for the Veteran's claims of increased ratings for sinusitis, left and right knee disabilities. Specifically, VA treatment records from A.F.C. need to be obtained, and a new examination by an appropriate clinician must be scheduled.

The Board has remanded the Veteran's claims for lumbar spine, left knee, sinusitis, and gastroenteritis disabilities due to lack of in-service treatment records and consideration of lay statements. Additional examinations are needed to determine the etiology of these conditions.

The Veteran's bilateral dry eye syndrome is rated at 20 percent, effective as of the date of this decision.,Service connection for a low back condition and gastroesophageal reflux disease (GERD) are granted. Service connection for sinusitis and allergic rhinitis is also granted.,PTSD rating in excess of 70 percent remains remanded.

The Board found that withholding VA compensation benefits to recoup separation pay in the amount of $13,958.15 was proper and denied the appeal.

The Board has granted service connection for chronic sinusitis and allergic rhinitis, finding that the Veteran's current disabilities are at least as likely as not related to her in-service symptoms during ACDUTRA.,Service connection is also granted for headaches, with the examiner concluding it is at least as likely as not related to service. However, service connection for sarcoidosis remains pending.

The Veteran's claim for an increased disability evaluation in excess of 30 percent for sinusitis was denied. The Board found that the evidence did not meet the criteria for a higher rating under Diagnostic Code 6512.

The Veteran's service-connected disabilities, including anxiety disorder, sinusitis with rhinitis, back strain, right shoulder strain, and gastrointestinal reflux disorder (GERD), have prevented him from obtaining and maintaining substantially gainful employment. The Board has granted a total disability rating based on individual unemployability.

The Veteran's appeals for various conditions and ratings have been withdrawn by his representative, resulting in the dismissal of all issues.

The Veteran's left knee disorder, sinusitis, and sleep apnea are all granted as service-connected. The left knee disorder is linked to his service-connected right knee disability. Sinusitis is presumed due to exposure to fine particulate matter during active duty in the Southwest Asia theater of operations. Sleep apnea is considered presumptive based on its manifestation within 10 years from separation and a confirmed diagnosis.

The Veteran's representative indicated that the service-connected sinusitis has worsened since his last VA examination, and he should be provided an opportunity to report for a VA examination.

The Board has withdrawn the appeals for primary insomnia and tension headaches. The case is REMANDED to obtain additional medical records, conduct a new VA examination for sinusitis, and determine the nature and etiology of the appellant's bilateral leg pain.

The Board has determined that the Veteran's bilateral hearing loss, sinusitis, anemia, insomnia, diabetes mellitus type II, anal cancer, gastroesophageal reflux disease (GERD), bilateral cataracts, rheumatoid arthritis of all joints, and left/right foot conditions are not related to her military service. The claims for these conditions are therefore denied.

The Veteran's claims for allergic rhinitis, lumbar spine disability, lumbar neuritis L5-S1, left ankle disability, sinusitis, left hip disability, and left foot disability are remanded due to insufficient evidence of service connection. A VA TERA examination is required.

The Board has decided to remand the case due to incomplete records and need for additional medical opinions regarding the Veteran's diagnoses of allergic rhinitis and chronic sinusitis.

The Veteran's service connection claims for an upper respiratory condition and a traumatic brain injury are granted. The rating for left ankle strain and left hip strain is remanded.

The Board has remanded the Veteran's claims for sinusitis, migraines, and obstructive sleep apnea due to the need for additional medical examination.

The Veteran's left foot scar, sinusitis, vasomotor rhinitis, acne, chronic yeast vaginitis, and migraine headaches are all denied increased ratings.,Specifically, the Veteran's left foot scar is not rated higher than 10 percent. Her sinusitis does not meet criteria for a 30 percent rating due to insufficient incapacitating episodes or non-incapacitating episodes. The Veteran's vasomotor rhinitis does not result in at least 50% obstruction of the nasal passage on both sides or complete obstruction on one side, nor are there any nasal polyps present.

The Veteran's claim for service connection for sinusitis was reopened due to new and material evidence. The Board found that the Veteran has a current diagnosis of chronic sinusitis, which is related to his active-duty service in Southwest Asia during the Persian Gulf War, thus granting service connection.

The Veteran's appeal to restore the rating for sinusitis is dismissed. The appeal to reopen his claim for service connection for a chronic kidney condition is granted, and the claims for coronary artery disease, diabetes mellitus, and hypertension are remanded.