Back to BVA DecisionsGRANTEDSpecial Benefit NO SPECIAL BENEFIT Docket No. 201203-125485
SINUSITIS
L. STEPANICK · 2026 · Case ID: A26040394
Summary
The veteran, who served from August 2003 to October 2012, appealed the denial of a compensable rating for allergic rhinitis and sought an increased rating for sinusitis. The Board granted an initial rating of 10 percent for sinusitis, finding that the veteran's symptoms met the criteria for three to six non-incapacitating episodes per year characterized by headaches, pain, and purulent discharge or crusting. The Board noted the VA examiner's findings of two such episodes and the veteran's wife's statement of constant sinus-related symptoms, including missed work, leading to the conclusion that the 10 percent rating criteria were met. However, the evidence did not establish more frequent non-incapacitating episodes or incapacitating episodes requiring prolonged antibiotic treatment, nor did it show any sinus surgeries, precluding higher ratings. The Board acknowledged the veteran's assertion of a separate headache disability related to sinusitis, but noted this issue is pending in a separate appeal. The appeal for allergic rhinitis was dismissed as the veteran withdrew it prior to the Board's decision, fulfilling the requirements for withdrawal.
Rationale
Veteran's symptoms meet criteria for 10% rating; No incapacitating episodes or surgeries documented; Evidence supports 3-6 non-incapacitating episodes per year
Full Decision Text
Citation Nr: A26040394 Decision Date: 04/29/26 Archive Date: 04/29/26 DOCKET NO. 201203-125485 DATE: April 29, 2026 ORDER An initial rating of 10 percent, but no higher, for sinusitis is granted. The issue of entitlement to a compensable rating for allergic rhinitis is dismissed. FINDINGS OF FACT 1. Throughout the claim period, the evidence is at least approximately balanced as to whether the Veteran's chronic sinusitis was manifested by three to six non-incapacitating episodes of sinusitis characterized by headaches, pain, and purulent discharge or crusting within the last 12 months; the Veteran has not undergone surgery to treat his sinusitis, nor does he have incapacitating episodes of sinusitis. 2. On July 3, 2024, prior to the promulgation of a decision in the appeal, the Board received correspondence from the Veteran requesting to withdraw the issue of entitlement to a compensable rating for allergic rhinitis. CONCLUSIONS OF LAW 1. Resolving reasonable doubt in the Veteran's favor, the criteria for an initial rating of 10 percent, but no higher, for sinusitis are met. 38 U.S.C. § 1155; 38 C.F.R. §§ 4.1, 4.3, 4.7, 4.97, Diagnostic Code (DC) 6513. 2. The criteria for withdrawal of an appeal by the Veteran are met. 38 U.S.C. § 7105; 38 C.F.R. § 20.205. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty from August 2003 to October 2012. This matter comes to the Board of Veterans' Appeals (Board) from a September 2020 rating decision of a Department of Veterans Affairs (VA) Agency of Original Jurisdiction (AOJ). In the December 2020 VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement), the Veteran elected the Hearing docket. On July 2, 2024, the Veteran withdrew the hearing request. Therefore, the Board may only consider the evidence of record at the time of the September 2020 AOJ decision on appeal, as well as any evidence submitted by the Veteran or his representative within 90 days following receipt of the withdrawal of the hearing request. 38 C.F.R. § 20.302(b). If evidence was submitted either (1) during the period after the AOJ issued the decision on appeal and prior to receipt of the withdrawal, or (2) more than 90 days following receipt of the withdrawal, the Board did not consider it in its decision. 38 C.F.R. §§ 20.300, 20.302(b), 20.801. If the Veteran would like VA to consider any evidence that was submitted that the Board could not consider, the Veteran may file a Supplemental Claim (VA Form 20-0995) and submit or identify this evidence. 38 C.F.R. § 3.2501. If the evidence is new and relevant, VA will issue another decision on the related claim, considering the new evidence in addition to the evidence previously considered. Id. Specific instructions for filing a Supplemental Claim are included with this decision. Increased Rating Disability ratings are determined by evaluating the extent to which a Veteran's service-connected disability adversely affects their ability to function under the ordinary conditions of daily life, including employment, by comparing their symptomatology with the criteria set forth in the Schedule for Rating Disabilities (Rating Schedule). See 38 U.S.C. § 1155; 38 C.F.R. §§ 4.1, 4.10. If two ratings are potentially applicable, the higher rating will be assigned if the disability more nearly approximates the criteria required for that rating; otherwise, the lower rating will be assigned. See 38 C.F.R. § 4.7. Any reasonable doubt regarding the degree of disability will be resolved in favor of the Veteran. See 38 C.F.R. § 4.3. In evaluating the severity of a particular disability, it is essential to consider its history. 38 C.F.R. §§ 4.1, 4.2, 4.41. However, where an increase in the disability rating, rather than the propriety of the initial rating, is at issue, the present level of disability is of primary importance, and past medical reports should not take precedence over current findings. Francisco v. Brown, 7 Vet. App. 55, 58 (1994). Regardless of whether an appeal stems from disagreement with the initial rating assigned following . Any reasonable doubt regarding the degree of disability will be resolved in favor of the Veteran. See 38 C.F.R. § 4.3. In evaluating the severity of a particular disability, it is essential to consider its history. 38 C.F.R. §§ 4.1, 4.2, 4.41. However, where an increase in the disability rating, rather than the propriety of the initial rating, is at issue, the present level of disability is of primary importance, and past medical reports should not take precedence over current findings. Francisco v. Brown, 7 Vet. App. 55, 58 (1994). Regardless of whether an appeal stems from disagreement with the initial rating assigned following an award of service connection or from disagreement with the rating assigned following a claim for increase, separate ratings can be assigned for separate periods of time based on the facts found. Hart v. Mansfield, 21 Vet. App. 505, 509-10 (2007) (citing Fenderson v. West, 12 Vet. App. 119, 126 (1999)). An initial rating of 10 percent, but no higher, for sinusitis is granted. The Veteran was awarded service connection for maxillary sinusitis in the decision on appeal and is currently assigned a disability rating of 0 percent under 38 C.F.R. § 4.97, DC 6513. This DC rates sinusitis using the General Rating Formula for Sinusitis, which provides ratings as follows: 0 percent: Detected by X-ray only. 10 percent: 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. 30 percent: Three or more incapacitating episodes per year of sinusitis requiring prolonged (lasting four to six weeks) antibiotic treatment, or; more than six non-incapacitating episodes per year of sinusitis characterized by headaches, pain, and purulent discharge or crusting. 50 percent: Following radical surgery with chronic osteomyelitis, or; near constant sinusitis characterized by headaches, pain and tenderness of affected sinus, and purulent discharge or crusting after repeated surgeries. An "incapacitating episode" of sinusitis means one that requires bed rest and treatment by a physician. 38 C.F.R. § 4.97, General Rating Formula for Sinusitis, Note. The Veteran was afforded a VA examination in connection with this claim in September 2020, at which time the examiner noted two non-incapacitating episodes of sinusitis characterized by headaches, pain, and purulent discharge or crusting within the last 12 months. The examiner stated the Veteran's current symptoms included pain, tenderness, and episodes of sinusitis. The examiner noted no incapacitating episodes of sinusitis requiring prolonged (4 to 6 weeks) of antibiotic treatment in the past 12 months. The examiner did note that the Veteran was treated with antibiotics for seven days for a sinus infection in August 2020. The examiner further noted that the Veteran had not had sinus surgery. A March 19, 2022 urgent care record, submitted during the post-hearing withdrawal evidentiary window, indicated the Veteran was treated with antibiotics for 10 days for acute sinusitis. See August 12, 2024 Medical Treatment Record - Non-Government Facility. In a July 27, 2024 statement, the Veteran's wife noted that the Veteran has constant sinus-related symptoms that he treats at home with NSAIDS and decongestants. Symptoms include headaches, congestion, and facial pain and swelling. She reported that he has missed time from work due to these symptoms. See September 3, 2024 Buddy / Lay Statement. The Veteran's supervisor also submitted a statement indicating that the Veteran had missed work at least three times per year between 2017 and 2023 due to sinus-related illness. See August 12, 2024 Buddy / Lay Statement. The Veteran's symptoms meet the criteria for a rating of 10 percent, but no higher, under DC 6513 throughout the claim period. As previously stated, a rating of 10 percent requires 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. The criteria for a 30 percent rating uses essentially the same factors with an increase in frequency of episodes, and the criteria for a 50 percent rating require a history of surgery. The Veteran has no record of incapacitating episodes or surgeries. According to the VA . The Veteran's symptoms meet the criteria for a rating of 10 percent, but no higher, under DC 6513 throughout the claim period. As previously stated, a rating of 10 percent requires 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. The criteria for a 30 percent rating uses essentially the same factors with an increase in frequency of episodes, and the criteria for a 50 percent rating require a history of surgery. The Veteran has no record of incapacitating episodes or surgeries. According to the VA examiner, he had experienced two non-incapacitating episodes characterized by purulent discharge or crusting within the last 12 months. However, the lay statements of record indicate that the Veteran has at least some nearly constant symptoms related to his sinus disability. His supervisor indicated that he had missed work at least three times per year due to sinus-related illness. The Board concludes that it is at least as likely as not that the Veteran experiences three to six non-incapacitating episodes of sinusitis per year characterized by headaches, pain, and purulent discharge or crusting. Accordingly, the criteria for a 10 percent rating are met. The evidence does not establish that he experiences more than six non-incapacitating episodes per year of sinusitis characterized by headaches, pain, and purulent discharge or crusting. As noted above, incapacitating episodes have not been shown, nor has the Veteran undergone any surgeries related to his sinus disability. Accordingly, the criteria for a 30 percent rating or a 50 percent rating are not met. The Board acknowledges that the Veteran has reported headaches and asserts he has a separate headache disability related at least in part to his service-connected sinusitis. However, the issue of entitlement to service connection for headaches is separately on appeal (Board Hearing docket number 211102-195107), stemming from a supplemental claim the Veteran filed within a year of the rating decision that assigned the initial rating for sinusitis. Thus, entitlement to service connection for headaches, to include as secondary to sinusitis, will be addressed in that separately pending appeal. In reaching the above conclusions, the Board has considered the benefit of the doubt doctrine and has applied it in assigning an initial 10 percent rating for sinusitis throughout the claim period. However, as to the remaining aspects of the claim, the evidence is persuasively against assignment of an even higher rating, and the doctrine is not applicable. The issue of entitlement to a compensable rating for allergic rhinitis is dismissed. All questions of law and fact necessary to a decision by the Secretary of Veterans Affairs under a law that affects the provision of benefits by the Secretary to veterans or their dependents or survivors are subject to review on appeal to the Secretary. Decisions in such appeals are made by the Board. 38 C.F.R. § 20.104(a). The Board may dismiss any appeal which fails to identify the specific determination with which the claimant disagrees. 38 U.S.C. § 7105(d). An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 20.205. Withdrawal may be made by the appellant or an authorized representative. Id. A withdrawal must include (1) the name of the Veteran or the name of the claimant or appellant if other than the Veteran, (2) the applicable VA file number, and (3) a statement that the appeal is withdrawn. If the appeal involves multiple issues, the withdrawal must specify that the appeal is withdrawn in its entirety or list the issue(s) withdrawn from the appeal. 38 C.F.R. § 20.205(b)(1). On July 3, 2024, the Veteran, through his attorney, wrote to withdraw his appeal for a compensable rating for allergic rhinitis. The correspondence included the Veteran's name and the VA file number and indicated the Veteran wished to withdraw the issue related to allergic rhinitis. Based on the information currently of record, the Board concludes that the Veteran has withdrawn this appeal and, hence, there remain no allegations of errors of fact or law for appellate consideration. Accordingly, the Board does not have jurisdiction to review the appeal for a compensable rating for allergic rhinitis, and it is dismissed. L. STEPANICK Veterans Law Judge Board of Veterans' Appeals Attorney for the Board E. Barbato. The Board's decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § Veteran wished to withdraw the issue related to allergic rhinitis. Based on the information currently of record, the Board concludes that the Veteran has withdrawn this appeal and, hence, there remain no allegations of errors of fact or law for appellate consideration. Accordingly, the Board does not have jurisdiction to review the appeal for a compensable rating for allergic rhinitis, and it is dismissed. L. STEPANICK Veterans Law Judge Board of Veterans' Appeals Attorney for the Board E. Barbato. The Board's decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.