Sinusitis Board decisions

The Veteran's sleep apnea was not incurred in or aggravated by service, and it may not be presumed to have been incurred during service.,As the Veteran's claimed sleep degradation/deprivation/insomnia is already rated under his service-connected psychiatric disability, the appeal for service connection for this complaint is dismissed.,The criteria for an initial disability rating of 30 percent, but no more, for an acquired psychiatric disorder have been met throughout the appeal period.,The Veteran's right knee disability has not been productive of flexion less than 45 degrees, extension greater than zero, or lateral instability or subluxations; but it has been productive of less than full flexion and pain on motion throughout the appeal.,The criteria for an initial disability rating higher than 10 percent for migraine headaches have not been met at any time during the appeal period.,There being no justiciable case or controversy, the appeal for an initial disability rating higher than 50 percent for sinusitis beginning November 17, 2011, is dismissed.,There being no justiciable case or controversy, the appeal for an initial disability rating higher than 10 percent for allergic rhinitis beginning November 17, 2011, is dismissed.,The criteria for a rating of 50 percent for sinusitis from May 2, 2007, to November 17, 2011, are met; and the criteria for a rating of 10 percent, but no more, for allergic rhinitis from May 2, 2007, to November 17, 2011, are met.

The Board found that the Veteran's current sinusitis is not related to his military service, including any in-service treatment for sinus issues. The VA examiner concluded there was no evidence of chronic sinusitis and provided a rationale based on the medical records.

The Veteran's sinusitis is related to service and the Board finds that service connection for sinusitis must be granted.

The Veteran's claims for service connection for a skin disability, vertigo, upper respiratory disability, and gastrointestinal disability were denied. The Board found that the conditions did not have their onset in service or were not caused by service.

The Veteran's sinusitis was granted a 10% rating prior to April 3, 2012 and a 30% rating thereafter. The Veteran's allergic rhinitis is not compensable. The organic brain syndrome secondary to anoxia is also not compensable.

The Veteran's appeal is being remanded for additional development, including a VA examination to determine if his service-connected disabilities render him unemployable. The case will be returned to the Board for further consideration.

The Veteran's claims for glaucoma, sinusitis, sleep apnea, diverticulitis, and chloracne were denied as there is no evidence of a current disability or a link to service.

The Veteran's service-connected paranasal sinus disease and duodenal ulcer with gastroesophageal reflux and irritable bowel syndrome do not preclude him from securing and following a substantially gainful occupation.

The Veteran's TDIU claim is being remanded for additional development, including obtaining a medical opinion and reviewing SSA disability determination records.

The Board has determined that the Veteran's injuries in the July 1958 automobile accident were due to his own willful misconduct, and thus not incurred in the line of duty. As a result, service connection for acquired psychiatric disorders, other than depression; residuals of nasal injuries, to include a deviated septum; and sinusitis is denied.

The VA determined that the Veteran's respiratory disorder, specifically allergic rhinitis/sinusitis, was not incurred in service and is not related to exposure to Agent Orange. The condition is considered a direct result of aging and changes in allergens.

The Veteran's initial ratings for adjustment disorder, sinusitis, and hypertension have been denied as her conditions do not meet the criteria for higher ratings under applicable rating criteria.

The Veteran's chronic sinusitis has been characterized by headaches, pain and tenderness of the sinus, and purulent discharge after repeated surgeries. The RO granted service connection for his condition but assigned varying disability ratings based on the severity of his symptoms.

The Veteran's claims for increased ratings for COPD, sinusitis with allergic rhinitis, and radiculopathy of the right lower extremity have been granted effective June 6, 2012.

The Veteran's claims for higher initial ratings and service connection were denied. The Board found that the evidence did not support a rating in excess of 10 percent for chronic sinusitis or a compensable rating for residuals of a fractured nasal bone.

The Veteran's service-connected allergic rhinitis has not shown to be manifested by a greater than 50 percent obstruction of the nasal passage on both sides or complete obstruction on one side, nor has it been shown to be manifested by polyps. Therefore, the criteria for a compensable rating have not been met.

The Veteran's claims for increased rating of PTSD, service connection for headaches and sinusitis are being remanded due to the need for additional development including obtaining VA treatment records, conducting examinations, and providing proper notice.

The Veteran's claims for increased ratings and service connection were denied. His chronic sinusitis was not found to warrant a higher rating, and his right ear and eye disabilities, as well as his acquired psychiatric disorder, were not found to be related to service or service-connected conditions.

The Board has determined that the Veteran does not have current sinusitis or rhinitis, and there is no evidence of a nexus between his service and these conditions. The claims are therefore denied.

The Veteran's appeal is remanded due to insufficient evidence regarding the nature and etiology of his claimed chronic sinusitis and plantar warts, necessitating further examination.