Sinusitis decisions — 2024

The Veteran's claims for bronchial asthma and sinusitis were granted effective August 5, 2021, due to a liberalizing rule that established presumptive service connection for these conditions in association with Gulf War exposure. The effective date is set at the earliest possible under VA regulations.

The Veteran's initial claims for increased ratings for sinusitis, rhinitis, and bilateral hearing loss have been denied. The Veteran was not granted any compensable ratings for these conditions.,For the period prior to April 21, 2023, the Veteran's sinusitis did not meet the criteria for a higher rating as there were no incapacitating episodes or non-incapacitating episodes in the previous year. For the period from April 21, 2023 to the present, the Veteran's sinusitis also did not meet the criteria for a higher rating.

The Board has found that the Veteran's claims for service connection have been remanded due to incomplete records. The VA must attempt to obtain all relevant medical records, including those from the Louisville VAMC from January 2012 through March 2022.

The Veteran's appeal for increased ratings and TDIU was denied. The appellant is not eligible to the direct payment of attorney fees based on past-due benefits awarded in the March 2021 rating decision.

Service connection for sinusitis is granted pursuant to the PACT Act, but the issue of service connection on a facts-found basis is remanded.

The Board has remanded the case due to insufficient medical opinions and records, particularly regarding the Veteran's diagnoses and their relationship to service. The case needs further development to clarify these issues.

The Veteran's sleep apnea is considered secondary to his service-connected adjustment disorder, sinusitis, degenerative arthritis, and gastroesophageal reflux disease.

The Veteran's hypertension, left and right lower extremity sciatic nerve radiculopathy, rhinitis, and sinusitis claims are denied. The AOJ also remanded the service connection for rhinitis and sinusitis due to a duty to assist error.

The Board denied the Veteran's claim for service connection for chronic sinusitis, finding that there was no evidence of a nexus between his current symptoms and service or exposure to herbicide agents. The Veteran's service treatment records did not show any complaints or diagnoses related to sinusitis.

The Veteran's allergic rhinitis, chronic sinusitis, and other conditions were addressed. The Board found the reduction from 30% to 0% for allergic rhinitis was improper and restored the rating. The claim of service connection for sleep apnea is remanded due to new evidence.

The Veteran's left ankle tendonitis, chronic sinusitis, cephalgia, linear right brow scar, and right shoulder strain are all found to be service-connected.,Service connection is granted for the Veteran's left ankle tendonitis, chronic sinusitis, cephalgia, linear right brow scar, and right shoulder strain.

The Board has decided the initial rating for sinusitis and remanded the service connection claim for sinus bradycardia due to a lack of an appropriate medical opinion considering total potential exposure through all applicable military deployments and the synergistic, combined effect of all toxic exposure risk activities.

The Veteran's claim for an initial compensable disability rating for chronic sinusitis is denied as he did not have any incapacitating episodes per year of sinusitis requiring prolonged antibiotic treatment, nor at least three non-incapacitating episodes per year of sinusitis characterized by headaches, pain, and purulent discharge or crusting.,The Veteran's claim for an initial compensable disability rating for allergic rhinitis is denied as he did not have greater than 50 percent obstruction of the nasal passage on both sides, complete obstruction on either side, permanent hypertrophy of the nasal turbinates, nor nasal polyps.

The Veteran's claims for earlier effective dates for the awards of a 50 percent evaluation for recurrent sinusitis and a 10 percent evaluation for chronic rhinitis are denied because the liberalizing law that granted service connection went into effect on August 5, 2021.

The Veteran's claim for specially adapted housing was granted, and the claim for a special home adaptation grant is dismissed due to the award of specially adapted housing. The Veteran's claim for an increased disability rating for chronic sinusitis (maxillary) was denied.,The Veteran has been awarded eligibility for specially adapted housing based on his service-connected lumbar myositis; bulging disc, L4-L5, L5-S1 and TDIU status.

The Veteran's service connection for obstructive sleep apnea as secondary to his service-connected disabilities is granted.

The Veteran's claim for an increased rating of 70 percent for posttraumatic stress disorder beginning November 4, 2021, is granted. Service connection for sinusitis is also granted.

The Board has determined that the Veteran's chronic sinusitis may be related to his service-connected allergic rhinitis, but further examination and opinion are needed to determine if it is secondary or aggravated by this condition. Additionally, there is evidence of in-service toxic exposure at Camp Lejeune, which requires a medical nexus opinion regarding the relationship between chronic sinusitis and this exposure.

The Board has granted service connection for left shoulder strain and right shoulder strain, but dismissed the claims for a disability rating in excess of 10 percent for right knee strain status post arthroscopy and left knee strain with degenerative arthritis. The claim for acute sinusitis is remanded due to inadequate medical opinion.

The Board has granted service connection for rhinitis due to exposure to burn pits, effective from the date of receipt of a supplemental claim on October 3, 2023. Service connection for sinusitis was denied as there is no persuasive evidence of current disability.