Sinusitis decisions — 2024

The Veteran's claims for increased ratings for a right flank flat linear scar status post partial nephrectomy and chronic sinusitis were denied as the evidence did not meet the criteria for a compensable rating under applicable VA regulations.

The Veteran's service-connected sinusitis was not manifested by one or two incapacitating episodes per year of sinusitis requiring prolonged (lasting four to six weeks) antibiotic treatment, or; three to six non-incapacitating episodes per year of sinusitis characterized by headaches, pain, and purulent discharge or crusting. Therefore, the Veteran is not entitled to a compensable rating for his service-connected sinusitis.

The Board has remanded the case due to inadequate VA examination and duty-to-assist errors, particularly regarding the etiology of the Veteran's nasal polyps. The examiner was asked to provide an opinion on whether it is at least as likely as not that the condition began during service or is related to military service, including exposure to burn pits.

The Veteran's claim for service connection for chronic sinusitis is granted due to exposure to burn pits. The claim for an initial rating greater than 30 percent for irritable bowel syndrome is denied as the Veteran is already receiving the maximum schedular rating.

The Board has granted service connection for sinusitis and allergic rhinitis, but denied service connection for hemorrhoids.

The Veteran's eczema is found to have onset in service and is related to her active military service.,There is no current residual disability from the tonsillectomy, and thus service connection for residuals of tonsillectomy is denied.,Service connection for allergic rhinitis and sinusitis is remanded as there is insufficient evidence addressing direct or secondary service connection.,The Veteran's PCOS is found to be not related to her service-connected asthma. The AOJ must obtain an addendum opinion regarding whether obesity acts as an intermediate step between the service-connected asthma and PCOS.,Service connection for PCOS remains remanded.

The Veteran's right shoulder condition is granted service connection. The evaluations for IVDS and sciatic radiculopathy are remanded. Service connection for chronic cough, sinusitis, allergic rhinitis, bilateral plantar fasciitis, and left shoulder condition are also remanded.

The Veteran's service-connected chronic maxillary sinusitis is not severe enough to warrant a higher disability rating, and the appeal is denied.

The Board denied the Veteran's claims of service connection for sinusitis, rhinitis, and migraines due to a lack of current diagnoses.

The Board has granted earlier effective dates of April 22, 2022 for the increased disability evaluations for PTSD and rhinitis, as well as the grant of service connection for sinusitis.

The Board has remanded the claims for chronic sinusitis/rhinitis and a left knee disorder due to insufficient evidence regarding their etiology. A VA examination is required to determine if these conditions are related to service.

The Board denied the Veteran's claims for service connection for right shoulder tendinitis and sinusitis, finding no clear error in the November 2011 rating decision.,Both conditions were found to not be related to service based on the absence of documented treatment records.

The Veteran's claim for a disability rating in excess of 30 percent for bilateral hearing loss is denied. The Board has remanded the claims of service connection for prostate cancer, gastroesophageal reflux disease (GERD), rhinitis, and right ankle sprain due to inadequate medical opinions.,The VA examiner failed to provide adequate rationale for their negative opinion regarding the Veteran's prostate cancer claim. The Board finds a pre-decisional duty to assist error as there is no adequate medical opinion of record addressing whether the Veteran's prostate cancer is etiologically related to his military service.

The Veteran's service connection claims for chronic sinusitis and allergic rhinitis are granted due to presumed exposure to burn pits during his military service, which qualifies under the PACT Act.

The Veteran's right eye condition, central serous chorioretinopathy (CSCR), is not rated higher than noncompensable due to the absence of incapacitating episodes or other visual impairment.,His allergic rhinitis does not meet the criteria for a compensable rating as there is no evidence of obstruction of nasal passages on both sides.

The Board has determined that the VA examinations and opinions provided are inadequate to decide the service connection claims for respiratory disability (asthma) and chronic rhinitis (sinusitis). The Veteran's exposure to burn pits and herbicide agents in Vietnam is presumed, but there is insufficient evidence to determine if these exposures caused or contributed to his current conditions. Therefore, the Board has remanded the cases for further development.

The Board has decided to remand the case due to an inadequate VA examination, and a new examination is required.

The Board denied the appellant's request for attorney fees based on past-due benefits awarded in the October 2022 rating decision, as the claims were not appealable initial decisions and did not involve new evidence or a change in circumstances.

The Board has granted service connection for sinusitis and allergic rhinitis, finding that the Veteran's symptoms began during his active military service.

The Veteran was granted a TDIU and an increased rating for PTSD, effective April 5, 2019. The decision also noted that the Veteran's service-connected disabilities precluded him from securing and following a substantially gainful occupation.