Sinusitis decisions — 2024

The Board has remanded the case due to a duty to assist error and requires an opinion on whether the Veteran's obstructive sleep apnea is related to his in-service complaints, toxic exposures, or service-connected conditions.

The Veteran's claim for residuals of a deviated nasal septum has been withdrawn. The Board also denied service connection for left knee disability, IBS, sinusitis, and OSA due to burn pit exposure.,Service connection was not granted for the claimed conditions as there is no current evidence of a nexus between the disabilities and active duty.

The Veteran's service-connected PTSD with depressive disorder does not meet the criteria for SMC based on aid and attendance due to his ability to dress, feed himself, and perform daily activities. He is also not considered housebound due to his service-connected disabilities.

The Veteran's lumbosacral strain was rated at 40 percent, effective September 27, 2021.,Right femoral and sciatic nerve radiculopathies were each rated at 20 percent, also effective September 27, 2021.,Sinusitis was rated at 30 percent, effective September 27, 2021. Rhinitis remained rated at 10 percent.

The Veteran's acquired psychiatric disorder is rated at 70 percent, which is the maximum schedular rating available.,The Veteran's migraine condition is rated at 50 percent, which is the maximum schedular rating available.

The Veteran's claim for service connection for sinusitis is denied as there is no current diagnosis of sinusitis in the record.

The Board has decided to remand the case due to insufficient evidence regarding the relationship between the Veteran's sinusitis and his in-service exposure to herbicide agents. The VA is instructed to obtain private medical records, request an addendum opinion from the examiner who provided a previous opinion, and schedule the Veteran for a VA examination.

The Veteran's rhinitis and sinusitis were granted service connection as they clearly existed prior to service and did not worsen beyond their natural progression during service.,VA found that the Veteran's allergic rhinitis was aggravated by exposure to fine particulate matter during his service in the Southwest Asia theater of operations.

The Veteran's service connection for sinusitis and allergic rhinitis was granted on a presumptive basis due to Gulf War service, effective August 5, 2021.,An initial disability rating of 10 percent for sinusitis is granted.

Your claim for service connection for chronic sinusitis is dismissed because it is concurrent with another pending claim. The AOJ will continue to review your case.

Service connection for cervical cord compression is denied.,Service connection for sinusitis as secondary to service-connected migraines is granted. An increased disability rating in excess of 10 percent for hypertension is denied.

The Veteran's claims for increased ratings for allergic rhinitis and chronic sinusitis were denied. The Board found that the evidence did not support a higher rating under the applicable diagnostic codes.

The Board has remanded the cases for additional development due to new evidence and exposure claims.

The Board has remanded the Veteran's claims for service connection and rating determinations due to incomplete development, including a missing medical report and an addendum opinion on the nature and etiology of his TBI. The AOJ is instructed to obtain the missing report and provide an addendum opinion addressing whether the Veteran has a current disability related to a TBI and if so, whether it is related to service.

The Board remands the matter for a VA examination to determine whether the Veteran's allergic rhinitis is related to his active service.

The Board has determined that it is at least as likely as not that the Veteran's obstructive sleep apnea (OSA) is caused and/or aggravated by his service-connected sinusitis, thus granting service connection for OSA as secondary to sinusitis.

The Veteran's allergic rhinitis is rated at a 10 percent disability rating throughout the appeal period, with periods of non-compensable ratings in between. The claim for higher ratings has been denied.

The Veteran's appeal for initial compensable disability ratings and earlier effective dates for service-connected deviated nasal septum and vasomotor rhinitis has been dismissed due to the Veteran's representative withdrawing his appeals.

The appeals for service connection for sinusitis, rhinitis, and chronic bronchitis have been dismissed.,The appeals for service connection for right knee degenerative arthritis with patellofemoral syndrome (claimed as arthritis in knees), left knee degenerative arthritis with patellofemoral syndrome (claimed as arthritis in knees), and tinnitus have been remanded.

The Veteran's right knee condition has been rated at 10 percent, and the Board is remanding this issue for further development. Additionally, earlier effective dates are being sought for TDIU and Dependents' Educational Assistance benefits.