Sinusitis decisions — 2023

The Board denied the Veteran's claims for higher initial ratings for residuals of TBI, thoracolumbar strain with levoscoliosis, sinusitis/rhinitis disability prior to June 6, 2016, and since June 6, 2016. The claim for a higher initial rating for hypertension was also denied. Additionally, the Veteran's claim for TDIU prior to May 23, 2017 was denied.

The Veteran's right shoulder disability is rated at the maximum schedular rating of 40 percent, which is the highest possible rating for limitation of motion of the arm. The Veteran's impairment of the right clavicle or scapula warrants a separate 20 percent rating under Diagnostic Code 5203.,The Veteran's respiratory disability of the nose and throat, including rhinitis and sinusitis, is remanded due to insufficient medical opinion regarding its onset in service or relation to an in-service injury.

The Veteran's initial compensable rating for scar from gallbladder surgery was denied.,Service connection for bilateral hearing loss and sleep apnea, as well as allergic rhinitis (claimed as sinusitis), were remanded due to the need for updated VA examinations and opinions.

The Board denied service connection for chronic allergic sinusitis as there is no current diagnosis of the condition during the appeal period.

The Veteran's combined disability rating is 100 percent from February 29, 2012. The RO denied entitlement to a TDIU prior to February 29, 2012, or based on a single service-connected disability.

The Veteran was granted TDIU from August 19, 2009 to March 24, 2017 due to his service-connected psychiatric disability and other conditions preventing him from securing or following any substantially gainful occupation.

The Veteran's claims for service connection for chronic fatigue syndrome and restless leg syndrome were denied. The Veteran was granted a 10% rating for tinnitus, but his sleep apnea remains at the 50% level. Other conditions remain denied.

The Board has decided to remand the case due to the need for further development, including scheduling a new VA examination and obtaining private treatment records.

The Board has granted service connection for sinusitis. The Veteran's appeal regarding the other issues is remanded due to additional evidentiary development being required.

The Board has granted service connection for left knee disability, right knee disability, dermatitis, sinusitis, and allergic rhinitis. Service connection was denied for vertigo, acquired psychiatric disorder (including anxiety, depression, and PTSD), and dermatitis.

The Board has dismissed all issues related to the Veteran's service connection claims due to his death.

The Board has remanded the claims for service connection for sleep apnea, a condition claimed as sinusitis, and a bilateral foot condition due to insufficient evidence.,The Veteran reported symptoms of snoring, fragmented sleep, and choking during his sleep in service. The VA examiner did not provide sufficient information on what additional factual information would be required to determine if the Veteran had sleep apnea during service.

The Veteran's service connection claim for other specified trauma and stressor related disorder is granted. The claims for sinusitis and allergic rhinitis are remanded.

The Veteran's claims for service connection and increased ratings were denied. The Board found no evidence to support the Veteran's assertions that his sinusitis, right knee disability, left knee disability, painful extension of knees, or instability are related to service or a service-connected condition.

The Board has decided to remand the case due to insufficient compliance with previous remands. The Veteran's claim for service connection for obstructive sleep apnea, as secondary to her service-connected disabilities, is being returned for further development.

The Veteran's appeal for service connection on multiple conditions was dismissed due to the withdrawal of his claim for PTSD, to include schizophrenia. The remaining claims were denied as there is no persuasive evidence linking these conditions to service.

The Veteran's tinea versicolor, rheumatoid arthritis, sinusitis, chronic fatigue syndrome, rosacea, and depressive disorder have been granted service connection. The rating for tinea versicolor is set at 10 percent.

The Veteran's vertigo is granted as secondary to his service-connected tinnitus. The initial compensable rating for hemorrhoids prior to April 20, 2019 has been granted. A 10 percent rating is assigned from April 20, 2019 onwards.,An effective date of January 28, 2014, is granted for the 40 percent disability rating for fibromyalgia. The Veteran's right knee disability and sinusitis are denied initial ratings in excess of their current ratings.

The Veteran's sinusitis has been granted a 50% rating since November 16, 2013. Service connection for PTSD was also granted.,Issues related to OSA as secondary to sinusitis and left knee conditions are pending further review.

The Board has remanded the Veteran's claims of service connection for sinusitis and bilateral pes planus due to inadequate medical opinions provided by VA examiners. The Veteran is required to provide any relevant private or VA medical records, clarify his diagnosis, and obtain an opinion addressing whether his conditions were incurred in service.