Sinusitis decisions — 2023

The Veteran's service-connected PTSD is found to be related to his current diagnoses of OSA, hypertension, GERD, heart disease, and stroke. The Veteran's headaches are rated as 50% disabling throughout the appeal period.

The Board denied service connection for IBS and granted initial compensable ratings of at least 10 percent for sinusitis and hypertension. The claims for higher ratings for back lipoma, right and left periodic limb movement disorder, and hypertension were all denied.

The Board has remanded the issue of whether the Veteran's migraine headaches are related to service or secondary to his service-connected sinusitis for further examination and opinion.

The Board has granted a TDIU from March 3, 2015 to June 6, 2022. The claim for an increased rating for left knee chondromalacia is remanded due to the lack of range of motion testing.

The Veteran's sinusitis is rated at a disability rating of 30 percent from April 1, 2013 to April 12, 2021.

The Veteran's service-connected disabilities prevent him from securing or following substantially gainful employment, and the RO must reassess his TDIU claim for the entire period on appeal.

The appeal for service connection for right median sensorimotor neuropathy, diabetes mellitus, left and right shin splints, cataracts, deviated septum, depression, a right elbow disorder, and a heart disorder has been dismissed.,The claim for service connection for hypertension (secondary to PTSD) has been reopened due to new evidence submitted by the Veteran. The appeal is granted in part.,The claim for service connection for sleep apnea (secondary to PTSD) has been reopened due to new evidence submitted by the Veteran. The appeal is granted in part.,The claims for service connection for sinusitis and allergic rhinitis have been reopened due to new evidence submitted by the Veteran. The appeals are granted in part.

The Veteran's right shoulder strain is related to his combat service and granted service connection. The claim for chronic sinusitis (including respiratory disabilities) is remanded due to inadequate examination.

The Board has reopened the Veteran's claims for service connection for an acquired psychiatric disability, COPD, sinusitis, bilateral hearing loss, and tinnitus due to new and material evidence. The claims are now remanded for further development.

The Veteran's claim for an increased initial rating of 70 percent for his acquired psychiatric disorder is granted. The claim for an initial rating in excess of 70 percent for the same condition is denied. New and material evidence has been received to reopen the claim for service connection for a cervical strain (now also claimed as a neck disability). Service connection for PTSD, tinea versicolor, and sinusitis is denied. Service connection for other conditions related to Gulf War exposures and other hazardous exposure is remanded.

The Veteran's claim for a compensable initial rating for chronic sinusitis and allergic rhinitis was denied as there were no incapacitating episodes or non-incapacitating episodes of sinusitis requiring treatment. The Veteran's TDIU claim prior to January 6, 2021, was granted due to her service-connected disabilities preventing her from engaging in substantial gainful employment.

The Veteran's claim for an initial disability rating of 60 percent for herpes simplex type II prior to April 10, 2017 was granted. The claim for a higher rating on and after April 10, 2017 is denied. Service connection for sinusitis due to Gulf War exposure is granted.

The Veteran's fibromyalgia is rated at 40 percent effective April 30, 2019. The claim of service connection for a heart disorder has been reopened and granted due to new evidence indicating potential inservice onset. Service connection for allergic rhinitis, asthma, and acquired psychiatric disorders are all granted on a presumptive basis.,The Veteran's right knee, left knee, left shoulder, left hand, and left wrist disorders have been dismissed as the Veteran withdrew her claims at the November 2021 Board hearing.

The Board has granted service connection for a lower back condition (claimed as back inflammation) and left upper extremity radiculopathy, but denied the claims of service connection for upper respiratory infections, pharyngitis, tonsillitis, and sinusitis. The Veteran's request to withdraw his appeal regarding a disability rating for cervical spine degenerative arthritis has been granted.

The Board has decided to remand the case due to incomplete medical opinions regarding the Veteran's sinusitis. The case will be returned for further examination and opinion.

The Veteran's appeals for higher disability ratings for rhinitis and sinusitis are being remanded due to concerns about the competency of the VA examiner who provided medical opinions.

The Veteran's prostate condition, claimed as prostate enlargement, is granted service connection.,New and material evidence has been received to reopen the claim of entitlement to service connection for vertigo. The claim is remanded for further development.

The Veteran's claims for service connection have been granted, with the exception of bronchitis and cervical radiculopathy in both upper extremities. The PACT Act presumption has been applied to sinusitis.

The Board has decided that the Veteran's obstructive sleep apnea is related to his service-connected GERD, but the opinion did not address whether it was aggravated by other conditions. The case is being remanded for a new opinion addressing these issues.

The Board has determined that the status of each period of the Veteran's service is unclear and requires further examination to determine if any of his claimed conditions are related to active duty or other periods of service. The claims for service connection will be remanded for additional development.