Sinusitis decisions — 2024

The Veteran's sinusitis is granted as presumptively due to exposure in the Southwest Asia theater of operations. The issues regarding obstructive sleep apnea and thoracolumbar spine degenerative disc disease with IVDS are remanded for further examination.

The Veteran's service-connected sinus disability, chronic maxillary sinusitis, is granted with a 10% rating for the period on appeal.

The Board has remanded the Veteran's claim for service connection for obstructive sleep apnea, considering whether his service-connected pansinusitis and/or allergic rhinitis or obesity as an intermediate step caused or aggravated his sleep apnea.

The Board has remanded the claims of service connection for sinusitis, tinnitus, voiding dysfunction, right foot hammertoes, and left foot hammertoes due to additional VA treatment records being added to the case file.

The Veteran's claims for service connection for sinusitis, hypertension, and 'feet fungi' have been granted due to new and material evidence. The claim for chronic sinusitis is associated with environmental toxin exposure under the PACT Act. The rating assigned and effective date are pending further development.

The Board has remanded several issues related to the Veteran's service-connected disabilities, including right and left knee patellofemoral pain syndrome, lumbar spine disability, right ankle disability, deviated septum, diverticulosis, and respiratory/breathing disability. The claims are being returned for further development.

The Board has decided to remand the case due to insufficient evidence regarding whether the Veteran's current sinusitis is related to service and exposure in service. The case will be reviewed again with a new examination.

The Board has remanded several claims, including those for increased ratings and service connection. The issues include right knee disability, duodenal ulcer, allergic rhinitis with laryngopharyngitis, scar of the right posterior thigh, sinusitis, residuals of a positive purified protein derivative (PPD) test, status post ventral hernia repair, temporary total evaluations, and TDIU.

The Veteran's appeals for initial ratings on GERD and a right shoulder disability, as well as the denials of service connection for alopecia, bronchitis, left elbow disability, right elbow disability, lentigo, sinusitis, bilateral hearing loss, and an acquired psychiatric disorder (PTSD) have been dismissed due to his withdrawal during a hearing before the undersigned. The Veteran's claim for service connection for an acquired psychiatric disorder (PTSD) has been granted.

The Veteran's chronic sinusitis did not meet the criteria for a compensable rating from April 30, 2013 to July 1, 2021. From July 1, 2021 to August 31, 2022, he was granted a 30 percent rating.

The Board has remanded the Veteran's claims for sinusitis/hay fever and asthma due to a lack of medical evidence connecting these conditions to his military service. The Veteran contends that he developed these conditions after returning from service in Panama.

The Veteran's claim for an earlier effective date for service-connected sinusitis is dismissed.,New and material evidence has been received to reopen the claims of service connection for bilateral hearing loss and bilateral tinnitus, but these claims are denied.,New and material evidence has been received to reopen the claim of service connection for a cervical spine condition, but this claim is also denied.

The Veteran's appeals for service connection for bilateral hearing loss, post-treatment Lyme disease syndrome, chronic rhinitis, high blood pressure, tinea pedis, folliculitis, restless leg syndrome of the left leg, and restless leg syndrome of the right leg have been dismissed.

The Board has decided to remand the case due to an incorrect legal standard used by the VA examiner in assessing whether the Veteran's sinusitis pre-existed service and is related to it. The examiner must now provide a clear and unmistakable evidence analysis.

The Veteran was granted TDIU for the period between February 21, 2013, to May 15, 2014.,TDIU was denied for the period from May 16, 2014, to August 31, 2020. The Veteran's combined rating at this time did not meet the criteria for TDIU due to his service-connected disabilities.

The Board has identified additional evidence that was not considered in the previous decision and has requested a waiver for its consideration. The claims are being remanded to allow for readjudication of these issues.

The Board has remanded the remaining issues on appeal due to procedural errors in recognizing the Veteran's VA Forms 10182 and placing his appeal on the AMA Hearing Docket. The Veteran's appeal is now under the legacy system, and he must file a timely VA Form 9 or VA 10182 to continue his appeal.

The Veteran withdrew her appeal for the issue of entitlement to an increased evaluation for chronic sinusitis.

The Veteran's sinusitis was granted a 30% rating from May 19, 2021. The remaining issues were remanded due to insufficient evidence and need for further evaluation.

The Veteran's claim for service connection for sinusitis is denied as there is no current disability. The initial compensable rating for bilateral hydrocele is also denied due to lack of evidence of atrophy or removal of both testes.,Multiple issues related to the Veteran's service-connected disabilities are remanded, including lumbosacral strain, allergic rhinitis, groin strain, convergence insufficiency, restless leg syndrome, eczematosis, serborrheic dermatitis, TBI with associated migraine headaches and PTSD, right knee strain, and GERD. The Veteran's claim for a total disability rating based on individual unemployability is also remanded.