Sinusitis decisions — 2024

The Veteran's service connection claim for obstructive sleep apnea is granted, and a 10 percent rating on and prior to April 15, 2020, for chronic sinusitis is also granted.

The Board has denied the Veteran's claims for service connection for rhinitis, sinusitis, gastroesophageal reflux disease (GERD), and insomnia as there is no current diagnosis of these conditions.

The Veteran's service-connected disabilities (chronic idiopathic physical urticaria, allergic rhinitis, and chronic pansinusitis) have rendered him unable to secure or follow a substantially gainful occupation.

The Board has granted service connection for sinusitis and gastroesophageal reflux disease (GERD) due to the Veteran's in-service symptoms and treatment. The appeal is based on direct service connection.

The Veteran's IBS and chronic sinusitis have been granted service connection due to their presumptive nature under the PACT Act. The TMJ disability and right shoulder disability are remanded for further evaluation.

The Veteran's appeals for service connection and increased rating for GERD, oral surgery with wisdom teeth, and sinusitis with headaches have been dismissed due to the untimely filing of a VA Form 10182.

The Veteran's PFB has not manifested as constant exudation or itching, extensive lesions, or marked disfigurement and he has not been prescribed systemic therapy such as corticosteroids, phototherapy, retinoids, biologics, photochemotherapy, psoralen or other immunosuppressive drugs for a total duration of six weeks or more. Therefore, the Veteran is not entitled to an increased rating for PFB.,For the entire appeal period, the Veteran's sinusitis has been manifested by no more than two non-incapacitating episodes, and no incapacitating episodes per year of sinusitis. Neither three or more incapacitating episodes, nor more than six non-incapacitating episodes per year of sinusitis characterized by headaches, pain, and purulent discharge or crusting have been shown. Therefore, the Veteran is not entitled to an increased rating for chronic sinusitis.,Throughout the period on appeal, the Veteran's left ankle disability was manifested by no more than moderate limitation of motion; marked limitation of motion was not shown. Therefore, the Veteran is not entitled to an increased rating for his left ankle disability.

The Veteran's claims for service connection for an acquired psychiatric disorder, erectile dysfunction, allergic rhinitis (claimed as sinusitis with headaches), and hypertension have been denied. The Veteran's claim of service connection for hypertension is being remanded to obtain a VA medical opinion.,The Board finds that the Veteran's hypertension claim should be remanded to address whether his diagnosed hypertension is the result of an injury or disease incurred in or aggravated by active military service.

The Board has determined that the procedural error in recognizing the Veteran's VA Form 10182 and placing his appeal on the AMA Hearing docket was a procedural error, and thus remanding the cases for further development under the Legacy system.

The Veteran's appeal for service connection for residuals of positive tuberculosis test to include chronic cough has been dismissed. The claim for service connection for chronic sinusitis is granted, but the Veteran's PTSD and headaches claims are remanded.

The Veteran's lumbar spondylosis is caused by her service-connected right hip condition, left knee condition, and right knee condition. Service connection for chronic sinusitis is remanded.

The Veteran's TDIU claim is denied because the evidence does not support a finding that he is unable to secure or follow substantially gainful employment due to his service-connected disabilities.,The Board acknowledges potential medication side effects but finds they are not fully relevant to the current TDIU claim.

The Veteran's appeals for service connection for hearing loss and sinusitis have been dismissed as the Veteran has withdrawn these appeals.

The appeal of the cervical strain claim is dismissed as a complete grant was made in March 2024.,Service connection for chronic sinusitis, bilateral hearing loss, right elbow tendinitis, and left elbow tendinitis remains denied.

The Veteran's claims for service connection are remanded due to the need for additional medical opinions regarding the nature and etiology of his lumbar strain, sinusitis, allergic rhinitis, and diabetes mellitus.

The Board has granted service connection for the Veteran's chronic sinusitis on a direct basis, finding that her symptoms in service and subsequent statements support this decision.

The Veteran's claims for service connection for right knee disability, left knee disability, sinusitis, and obstructive sleep apnea have been reopened.,These issues are being remanded to the AOJ for further development.

The Board has found that there has not been substantial compliance with the previous remand directives and thus, a remand is necessary to provide an adequate examination that contemplates the severity of his disability without considering the ameliorative effects of any medication.

The Board has remanded the case due to issues related to the Appellant's character of discharge and service connection claims for various disabilities. The case will be returned to VA for further development, including obtaining medical opinions regarding the nature and etiology of the claimed conditions.

The Board has remanded the claims for headaches, respiratory disability (including sinusitis), right shoulder disability, and left shoulder disability due to incomplete development of records and need for additional medical opinions.