Sinusitis decisions — 2024

The Veteran's chronic maxillary sinusitis was previously rated at 50% effective September 5, 2019. The AOJ proposed reducing this rating due to clear and unmistakable error (CUE) in the July 2020 decision, which incorrectly applied the criteria for near constant sinusitis. The reduction from 50% to 0% was upheld as proper.

The Board has denied the Veteran's claims for service connection for GERD, sinusitis, hernia with residuals, hemorrhoids, gastritis, bilateral hearing loss, erectile dysfunction, and hypertension. The evidence did not support a finding of in-service onset or current disability for any of these conditions.

The Veteran's service connection claims for pseudofolliculitis barbae and sinusitis have been denied due to lack of current disability. The right wrist condition and low back condition are remanded as the VA examinations were inadequate.,Service connection cannot be granted for pseudofolliculitis barbae or sinusitis because there is no evidence of a current disability.

The Board is remanding the claims for service connection for various disabilities due to duty-to-assist errors and new evidence submitted by the Veteran.

The Veteran's claim for service connection for muscle and joint pain has been denied. The Board has remanded the issues of increased evaluations for right hip disability, chronic maxillary sinusitis and chronic mucocele, and TBI residuals.

The Veteran's appeal for service connection for CFS, GERD, and Raynaud's syndrome is dismissed.,The Veteran's appeals for service connection for a low back disability, sinusitis, OSA, and tinnitus are also dismissed.

The Board has remanded the claims for service connection due to a lack of VA examination and duty to assist errors.

The Veteran's service-connected disabilities precluded him from securing and maintaining substantially gainful employment as of September 1, 2018. The Board granted earlier effective dates for TDIU and Dependents' Educational Assistance eligibility based on the evidence showing marginal employment due to his service-connected conditions.

The Board has remanded the Veteran's claims for sinusitis, radiculopathy of the left and right lower extremities, a right big toe disability, obstructive sleep apnea, and heart disease due to incomplete records and failure to obtain necessary medical opinions.

The appeal of the right wrist disorder claim is dismissed. The claims for cervical and/or lumbar spine disorder, diabetes mellitus Type II (DM II), respiratory/pulmonary disorder other than asthma and allergic rhinitis, cholecystectomy disease, and body joint pain are all granted.

The Veteran's sinusitis is currently manifested by no more than five non-incapacitating episodes over the past 12 months without evidence of incapacitating episodes, prolonged antibiotic treatment, radical surgery, or chronic osteomyelitis. The criteria for a rating in excess of 10 percent have not been met.

The Veteran's request to restore a disability rating of 30% for rhinitis effective August 1, 2020 is granted. The Board also finds that the Veteran is entitled to a disability rating in excess of 10% for sinusitis and remands this issue.

The Board has remanded four service connection claims for a heart condition, hypertension, right lower extremity peripheral neuropathy, and sinusitis with headaches due to the need for additional examinations and consideration of whether preexisting conditions were aggravated by service.

The Veteran's claims for service connection and increased ratings are being remanded due to the need for additional medical examinations and evaluations.

The Board has granted an earlier effective date of March 5, 2009 for the grant of service connection for sinusitis. The claim seeking an earlier effective date for a 10% rating for allergic rhinitis is remanded due to procedural errors.

The Veteran's appeal for service connection for allergic rhinitis and sinusitis has been dismissed as the Veteran withdrew his appeal prior to a decision being made.

Service connection is granted for rhinitis, sinusitis, hiatal hernia and polyps, chronic multisymptom illness with chronic fatigue, memory loss, headaches, and loss of sense of taste. The claims for loss of sense of smell are remanded.

The Board has denied service connection for chronic bronchitis, lumbar spine disability, psychiatric disability, allergic sinusitis, and left ischial tuberosity bursitis as there is no persuasive evidence linking these conditions to service.

The Board has denied the Veteran's claim for service connection for sinusitis and remanded his claims for higher evaluations of left and right ankle strains.

The Board has determined that the Veteran's Obstructive Sleep Apnea is not causally related to his service-connected disabilities, but may have been aggravated by them. The Board also found that obesity, which may be linked to his service-connected disabilities, was a substantial factor in causing his sleep apnea. As such, the issue must be remanded for further evaluation.