Sinusitis decisions — 2024

The Board denied earlier effective dates for the awards of service connection for Meniere's disease, muscle pain and joint pain, neurological and respiratory conditions, and sinusitis.

The Veteran's claims for various conditions, including tension headaches, allergic rhinitis, asthma with histoplasmosis, cervical spine degenerative arthritis, lumbar spine degenerative arthritis, and left knee patellofemoral syndrome were denied. The Veteran was not granted higher ratings or initial compensable ratings for several of her conditions.

The Board denied service connection for respiratory insufficiency other than allergic rhinitis/chronic sinusitis, finding that the Veteran does not have a current diagnosis of this condition and has not had one at any time during the pendency of the claim or recent to the filing of the claim.

An increased 50 percent rating for a thoracic/lumbar spine disability is granted.,Prior to June 21, 2019, the Veteran's service-connected disabilities did not preclude substantially gainful employment. Since June 21, 2019, his acquired psychiatric disability has made it impossible for him to secure and follow a substantially gainful occupation.,Since June 21, 2019, the Veteran is granted TDIU.

The Board has remanded the case to refer the issue of TDIU prior to June 22, 2012 for extraschedular consideration. The Veteran's service-connected disabilities do not meet schedular requirements for TDIU but may warrant referral for extraschedular review.

The Veteran's appeals for increased ratings on several service-connected conditions have been dismissed. The Veteran withdrew her appeal of the denial of higher ratings for right knee limited motion, left knee limited motion, right knee instability, for a scar of the right knee, and for allergic rhinitis.,Her request for an effective date earlier than February 26, 2020 for the 10 percent rating previously assigned for allergic rhinitis was also dismissed. The Veteran's appeal for increased PTSD to 70 percent has been granted.

The Veteran's TDIU claim is denied because he was not rendered unemployable due to only one service-connected disability, but rather multiple disabilities including his neck and back pain.

The Board dismissed the appeal for an increased rating for diverticulosis with colon polyps. The claims of service connection for lumbar spine arthritis, right knee disability, kidney condition, and respiratory condition (emphysema, chronic bronchitis, sinusitis) were all reopened due to new and material evidence. Service connection was granted for the respiratory condition under the PACT Act.

The claim for Vitamin D deficiency has been dismissed. The low back disability is granted and rated at 10%. Other issues are remanded.,Neck, rheumatoid arthritis, acquired psychiatric disorder (including dysthymic disorder and insomnia), allergic rhinitis, loss of sense of smell, and sinusitis for increased rating are all remanded.

The Board has remanded the case for further development to determine whether service connection for a respiratory disability on a direct basis is warranted. If so, the Veteran would be entitled to an earlier effective date than August 10, 2022, for the grant of service connection.

The Board has remanded the claims for service connection for diabetes mellitus, increased rating for facial scars associated with chronic sinusitis, a disability rating in excess of 10 percent for chronic sinusitis, and total disability rating based on individual unemployability (TDIU) due to worsening of symptoms since the last VA examination. The Veteran is advised to complete and return VA Forms 21-8940 and 21-4192.

Service connection for hypertension is granted under the PACT Act. Service connection for sleep apnea is granted. Previously denied claims for left and right knee disabilities, as well as sinusitis, are reopened. Other rating issues remain pending.

The Veteran's claims for service connection for sinusitis, bilateral hearing loss, left knee degenerative joint disease, right knee condition before April 17, 2019, and residuals of a right total knee replacement are being remanded due to the receipt of new evidence. The TDIU claim is also remanded.

The Veteran's appeal was withdrawn for an increased rating of major depressive disorder. The claims for service connection for sinusitis, COPD, and asthma were reopened due to new evidence. Service connection for PTSD and chronic myeloid leukemia was denied.

Service connection granted for chronic sinusitis under the PACT Act due to exposure to burn pits.,Service connection granted for headaches secondary to service-connected chronic sinusitis.,Service connection for an acquired psychiatric disorder (claimed as PTSD) is remanded.

The Veteran's claim for a 50 percent evaluation for chronic rhinosinusitis is granted, effective from September 27, 2012. The issue of entitlement to TDIU prior to February 29, 2020, is part and parcel of the increased rating claim.

The Veteran's claim for an increased rating for his service-connected left foot disability was dismissed as the Veteran withdrew his appeal.,Service connection is granted for bilateral tinnitus, with no current diagnosis of allergic rhinitis or blepharitis.

The Veteran's claim for service connection for chronic sinusitis is granted on a presumptive basis under the PACT Act due to exposure to burn pits in Somalia.,The Veteran's claim for service connection for PTSD is granted.

The Veteran's bilateral hearing loss, right wrist disorder, left eye disorder, deviated septum, and chronic sinusitis are not service-connected.,Further development is needed to determine the etiology of these conditions.

The Veteran's right ear hearing loss is currently rated as noncompensable due to the presence of a margin of error in audiometric testing.,The Veteran's radiculopathy and back conditions are remanded for additional examination to address flare-ups, functional impairment during flare-ups, and whether they meet the criteria for ankylosis.