Sinusitis decisions — 2024

The Board has granted service connection for chronic sinusitis and non-allergic rhinitis, finding that the Veteran's current diagnoses are etiologically related to his in-service exposure to burn pits.

The Board has granted a 20 percent rating for right knee limitation of extension and a 30 percent rating for sinusitis, both effective December 13, 2023. The decision is based on the appellant's timely appeals filed under the Appeals Modernization Act (AMA).

The Board has decided to remand the claim for service connection for sinusitis due to new evidence submitted after the May 2023 rating decision. The Veteran's participation in a toxic exposure risk activity (TERA) during active military service is relevant to his claim.

The Veteran withdrew his appeal for service connection of chronic sinusitis before the Board could make a decision.

The Veteran's effective date for DEA benefits is denied as the combined rating of 100% was not permanent in nature until April 7, 2021.

The Veteran's appeal for a higher rating for allergic rhinitis with deviated septum and nasal bone fracture was denied. A separate disability rating of 0 (zero) percent, but no higher, for chronic maxillary and frontal sinusitis from August 16, 2021, was granted.

The Veteran's appeal for an increased rating for allergic rhinitis is dismissed because the grant of service connection was severed. The appeal for service connection for sinusitis is also dismissed as moot due to a full grant of benefits in a subsequent decision.

The Board has remanded several issues related to the Veteran's claims for service connection, including those for an acquired psychiatric disability, insomnia, sleep apnea, migraines, GERD, and dizziness. The issues of allergic rhinitis and sinusitis have been withdrawn by the Veteran.

The Board denied reinstatement of the Veteran's appeal due to his VA Form 9 not being timely filed in response to a March 2020 statement of the case.

The Veteran's chronic maxillary sinusitis is granted an initial disability rating of 30 percent, effective April 2, 2015.

The Board dismissed the appeal for an initial compensable rating for ED. The issues of service connection for right hip disability, bilateral foot disability, right foot disability, left foot disability, bilateral tibial fracture, right ankle disability, and left ankle disability have been reopened due to new evidence submitted by the Veteran.

The Board has remanded the appellant's claims for service connection for headaches and sinus disabilities due to inadequate VA examinations and lack of a clear rationale in the opinions provided.

The Veteran's claim for an initial compensable rating for chronic sinusitis is being remanded due to a duty to assist error. The AOJ must request the Veteran's private medical records and notify him if no records are received.

The Veteran withdrew his appeals for the claims of chronic sinusitis, allergic rhinitis, and small airway disease. The claim for service connection for chronic fatigue syndrome was also withdrawn.

The Veteran's representative withdrew the appeal for sinusitis and an initial compensable disability rating for service-connected allergic rhinitis, leading to their dismissal.

The Veteran's sinusitis symptoms have been rated at 30 percent, which is the maximum rating available under VA guidelines. The decision grants an increased rating for sinusitis but does not address any other issues or conditions.

The Veteran's appeals for earlier effective dates on various conditions were dismissed as untimely filed. The appeal for PTSD was dismissed because the NOD/VA Form 10182 was not timely with respect to the January 2020 decision, which established an earlier effective date for PTSD. Appeals for endometriosis and migraines/post-traumatic headaches were also dismissed as untimely filed. The appeal for gastritis with IBS was dismissed because no new and material evidence was submitted within one year of the December 2018 rating decision establishing its increased evaluation. An earlier effective date of March 17, 2020 for sinusitis is granted.

The Board denied the appellant's request for an effective date prior to March 9, 2021, for the grants of service connection for chronic sinusitis and allergic rhinitis. The claims were granted in a March 2021 rating decision based on receipt of new and relevant evidence.

The Veteran's service-connected scars status-post ACL repair, left knee, do not warrant a compensable rating.,The Veteran's left knee disability does not meet the criteria for a rating in excess of 10 percent disabling based on limitation of flexion. Separate ratings for painful extension and instability have been granted.,Service connection has been established for right ear hearing loss, chronic sinusitis, and chronic headaches.,Left ear hearing loss service connection is denied.,The Veteran's left knee disability warrants separate 10 percent ratings for painful extension and instability.

The Veteran's claims for service connection for sleep paralysis, neck arthritis, chronic gastric ulcer (stomach bloating), and hypothyroidism have been denied. The claim for a rating in excess of 10 percent for chronic sinusitis with sinus headaches has also been denied.,The Veteran's claim for service connection for sleep apnea secondary to COPD is remanded.