Sinusitis decisions — 2023

The Veteran's migraines have been rated at the maximum schedular rating of 50 percent since October 20, 2022. The Board found that his very frequent and prolonged attacks, including symptoms like dizziness, nausea, photophobia, sonophobia, and severe pain (rated as nine out of ten), are productive of severe economic inadaptability.

The Board has determined that the VA examinations and opinions are inadequate for the claims of service connection for allergic rhinitis, sinusitis, a bilateral foot disability (plantar fasciitis), and a rating in excess of 10 percent for service-connected ureterolithiasis. The Veteran's lay statements regarding symptoms in service and after have not been considered, and additional private treatment records are needed.

The Veteran's appeal for service connection for sinusitis is remanded due to the need for a TERA examination and medical opinion regarding his exposure to burn pits during active duty.

The Veteran's claims for service connection for hypertension, peripheral neuropathy of the bilateral upper extremities, obstructive sleep apnea, allergic rhinitis/sinusitis (claimed as allergies and allergy/sinusitis), and tinnitus are being remanded due to new evidence received since previous decisions.,The Board finds that new and material evidence has been received sufficient to reopen his previously denied claims for service connection for hypertension and peripheral neuropathy of the bilateral upper extremities.

The appeals for service connection for rhinitis (sinusitis) and asthma have been dismissed. Service connection for headaches has been granted.

The Board denied the Veteran's claim for a total disability based on individual unemployability (TDIU) due to service-connected disabilities because he did not complete and return the necessary TDIU application, and there was insufficient evidence showing he is unable to secure or follow a substantially gainful occupation due to his service-connected conditions alone.

The Board has granted service connection for sinusitis and rhinitis on a presumptive basis due to exposure in Southwest Asia. Service connection for tinea pedis is denied.

The Board has remanded the Veteran's claims for chronic sinusitis and PTSD due to conflicting medical opinions and unclear diagnoses. The RO must clarify whether the Veteran has a current diagnosis of PTSD, determine if his other diagnosed psychiatric disability is related to service, and issue a new rating decision.

The Board has granted service connection for sinusitis, allergic rhinitis, TMJ, bilateral plantar fasciitis, rosacea, and left thumb sprain as these conditions are found to be related to active duty service.

The Veteran's claims for increased ratings for allergic rhinitis and rhinosinusitis have been denied as the evidence does not show that her conditions meet or approximate the criteria for a compensable disability rating prior to February 25, 2019, and in excess of 10 percent thereafter.

The Board has remanded the issue of service connection for chronic sinus disability, to include sinusitis, due to in-service herbicide exposure. The Veteran's claim is being reviewed again as part of this remand.

The Veteran's appeals for increased ratings for GERD and allergic rhinitis, as well as his claim for service connection for sinusitis, have been dismissed due to the Veteran's representative withdrawing these issues. The case is remanded for initial review of new evidence by the AOJ.

The Board has granted the Veteran's claim for service connection for obstructive sleep apnea as secondary to his service-connected sinusitis, resolving all reasonable doubt in favor of the Veteran.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence and need for further examination. The issues include sinusitis, eye disability, acquired psychiatric disability (claimed as depression), left shoulder disability, low back disability, left hip disability, right hip disability, left leg disability, right leg disability, left knee disability, right knee disability, and left foot disability.

The Board has granted service connection for sinusitis and remanded the issues of service connection for residuals of smallpox and gastroesophageal disorder (GERD).

The Board has granted service connection for hypertension as secondary to the Veteran's service-connected obstructive sleep apnea (OSA). The Board also remanded cases regarding chronic obstructive pulmonary disorder (COPD), migraine headaches, sinusitis, and rhinitis due to OSA.

The Veteran's claims for service connection have been granted for sinusitis, diabetes mellitus, hypertension, and obstructive sleep apnea. The claim for service connection for PTSD has also been granted. However, the claim for service connection for deviated septum was previously established in an August 2019 rating decision and is therefore dismissed.

The Veteran's service-connected disabilities do not preclude him from substantially gainful employment, and his TDIU claim is denied.

The Board has determined that the development conducted does not adequately comply with the October 2022 Board remand and thus, the cases are being returned to the AOJ for further action.

The Board has granted service connection for a sinus condition (to include rhinitis, allergic rhinitis, allergies and sinusitis) as the evidence is approximately balanced in favor of finding that the Veteran's currently diagnosed sinus condition began during service and continued since then.