Sinusitis Board decisions

The Board denied reopening the claim of service connection for sinusitis, finding that no new and material evidence had been presented.

The Board has determined that the veteran did not timely file a Substantive Appeal to the June 1999 rating decision. The RO is instructed to issue a statement of the case addressing the issues of entitlement to a compensable rating for sinusitis, as well as whether new and material evidence has been submitted to reopen claims of service connection for residuals of a tonsillectomy and adenoidectomy, residuals of a fractured right little finger, residuals of a right ankle sprain, residuals of a left ankle injury, a cervical spine disability, and a thoracic spine disability. If the veteran files a timely Substantive Appeal as to any of these issues, they should be returned for review by the Board.

The Board denied the veteran's claims of service connection for otitis media, sinusitis and allergic rhinitis, periodontal disease, and hearing loss. The Board found no evidence of current disabilities involving these conditions.

The Board has determined that the veteran does not meet the criteria for a compensable disability rating under either the old or new VA rating criteria for varicose veins. The veteran's bilateral varicose veins are currently rated as noncompensable.

The veteran's GERD and allergic rhinitis with seasonal sinusitis have not been shown to meet the criteria for a compensable evaluation under their respective diagnostic codes.,VA has determined that the veteran does not have any service-connected conditions requiring an extraschedular consideration.

The Board denied the veteran's claims for increased ratings for sinusitis and hiatal hernia with gastroesophageal reflux disease (GERD). The veteran was not granted a compensable rating for his sinusitis, as there were no incapacitating episodes. For his hiatal hernia with GERD, he received a 10 percent disability rating effective from October 2001.

The veteran's headaches are considered part of his service-connected maxillary sinusitis and are already reflected in the current evaluation. The claim for an earlier effective date for acne scarring, atopic dermatitis, and depressive disorder is denied as it was not 50% disabling prior to September 15, 1989.

The Board has determined that the veteran's claims for service connection have been denied, with some issues being granted and others not. The specific conditions at issue include Gulf War syndrome, various respiratory disorders, gum disease, gastritis, Looney fever, colitis, dysentery, and sinus disorder.

The Board has remanded the veteran's claims for service connection for low back disability and chronic sinusitis due to insufficient evidence regarding the etiology of her current disabilities.

The Board denied the veteran's claims for service connection for various conditions, including chronic sinusitis, anxiety disorder (PTSD and anxiety), headaches due to an undiagnosed illness, skin disorders, disability of the hands and elbows, and bilateral knee disabilities. The appeals were based on presumed service connection for undiagnosed illnesses related to service in the Persian Gulf region.

The Board denied the veteran's claim for an increased rating for chronic allergic rhinosinusitis, finding that the evidence did not meet the criteria for a higher evaluation.

The Board granted increased ratings of 60 percent for total right and left knee replacements, and a TDIU rating. The maxillary sinusitis was rated at the current 10 percent level.

The veteran meets the threshold requirements for a total rating based on individual unemployability due to his service-connected disabilities, and is unable to secure and follow a substantially gainful occupation as a result of these disabilities.

The Board has granted service connection for cervical spine degenerative joint disease and evaluated sinusitis at a 10 percent disability rating. The veteran's claim for reopening the cervical spine condition was successful, as new evidence supported his claim.

The Board denied all service connection claims, including those for skin disorders and other conditions.

The Board denied the veteran's claims for service connection for a rash on the arms and a sinus disorder/rhinitis. The Board found no competent evidence linking these conditions to his military service.

The veteran's claims for higher initial ratings for prostatitis and benign prostatic hypertrophy, hiatal hernia with gastroesophageal reflux disease and irritable bowel syndrome, sinusitis with seasonal allergies, and genital herpes (HSV II) were denied as the evidence did not meet the criteria for a higher rating under applicable VA regulations.

The Board finds that the veteran's service-connected herniated nucleus pulposus of the lumbosacral spine does not warrant a disability rating in excess of 40 percent, as he does not have evidence of severe impairment resulting from recurring attacks with only intermittent relief.

The Board found that the veteran's substantive appeal was timely and within its jurisdiction, thus allowing his claims for service connection for asthma and allergic rhinitis to proceed.

The Board has determined that the veteran's sinusitis and right foot fracture residuals are related to his service-connected right ankle disability, leading to a grant of service connection for these conditions.