Citation Nr: 0617394 Decision Date: 06/14/06 Archive Date: 06/26/06 DOCKET NO. 03-09 669 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in No. Little Rock, Arkansas THE ISSUE Entitlement to an increased evaluation for chronic sinusitis with headaches, currently rated as 10 percent disabling. WITNESS AT HEARING ON APPEAL Appellant ATTORNEY FOR THE BOARD A. D. Jackson, Counsel INTRODUCTION The veteran had active service from October 1984 to October 2000 with 4 years of prior active duty service. This matter came before the Board of Veterans' Appeals (Board) from a rating decision of the No. Little Rock, Arkansas, Regional Office (RO) of the Department of Veterans Affairs (VA). As noted in the prior Remand, at the November 2003 personal hearing, the veteran presented testimony regarding an increased rating for degenerative disc disease of the cervical spine. The Board construes this as a claim for an increased rating for degenerative disc disease of the cervical spine. This is referred to the RO for appropriate action. FINDING OF FACT The veteran's sinusitis is manifested by subjective complaints of headaches along with drainage, and the need for medication; with no objective evidence of symptoms of sinusitis with three or more incapacitating episodes per year of sinusitis requiring prolonged antibiotic treatment, or; more than six non-incapacitating episodes per year of sinusitis characterized by headaches, pain, and purulent discharge or crusting. CONCLUSION OF LAW The criteria for a evaluation in excess of 10 percent for chronic sinusitis with headaches have not been met. 38 U.S.C.A. § 1155, 5107 (West 2002); 38 C.F.R. § 4.97 Part 4, Diagnostic Code 6513 (2005). REASONS AND BASES FOR FINDINGS AND CONCLUSION Notice requirements have been satisfied by virtue of several letters sent to the veteran in April 2002 and October 2004. The content of the notices provided fully complied with the requirements of 38 U.S.C. § 5103(a) and 38 C.F.R. § 3.159(b). With respect to the VA's duty to assist, all evidence identified by the appellant relative to his claim has been obtained and associated with the claims folder, or the appellant has been notified that VA was unable to obtain it. Further, VA examination has been conducted. The veteran also provided testimony at a personal hearing. Based on inservice treatment, a February 2000 rating decision granted service connection for chronic sinusitis with headaches. This disability is currently assigned a 10 percent evaluation under Diagnostic Code 6513. Disability evaluations are determined by the application of a schedule of ratings, which is based, as far as can practicably be determined, on the average impairment of earning capacity. 38 U.S.C.A. § 1155; 38 C.F.R. § 4.1. Each service-connected disability is rated on the basis of specific criteria identified by diagnostic codes. 38 C.F.R. § 4.27. The general rating criteria for sinusitis (Diagnostic Codes 6510 through 6514) are as follows: a noncompensable evaluation is warranted when sinusitis is detected by X-ray only; a 10 percent evaluation is warranted for 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; a 30 percent rating is warranted when there are 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. A note following this section provides that an incapacitating episode of sinusitis means one that requires bed rest and treatment by a physician. In considering the criteria, the evidence does not show that he would meet the requirement of three or more incapacitating episodes per year of sinusitis requiring prolonged antibiotic treatment. A VA examination was conducted in June 2002. The veteran complained of constant nasal congestion. He reported that he used Afrin twice daily, which brought moderate relief. He did not take oral medication for his sinus condition and had not taken antibiotics for the previous two years. He denied headaches associated with his sinus. On examination there was slight nasal erythema and congestion but was otherwise unremarkable. The diagnoses included vasomotor rhinitis and chronic bronchitis, alleged, presently asymptomatic with normal examination. At a personal hearing that was held before the undersigned Veterans Law Judge in November 2003, the veteran reported his symptoms that included intermittent congestion and pain around his eyes. He indicated that he did not take decongestants orally because they made him drowsy. He reported that he was receiving private medical care for his sinusitis. He also indicated that he had received antibiotics from his private physician within 5 or 6 months previously. The veteran was advised to obtain the recent treatment records and to submit those documents to the Board. The medical evidence shows that during this period of time, the veteran's sinusitis was manifested by mild or occasional symptoms. Private medical records that date between 2001 and 2005 relate that the veteran received sinus treatment on occasion. He was treated for sinusitis in February 2001, December 2002, and October 2004. Endoscopy was performed in December 2003. There was a deviated nasal septum and hypertrophy of the right inferior turbinate. Secretions were clear. While these records show that he received medication including antibiotics on occasion for his sinusitis, the objective evidence does not show that he received prolonged treatment as defined by the VA. Nor does the evidence show that the sinus condition has ever been described as incapacitating. Further, it has not been shown that he has more than six non-incapacitating episodes per year of sinusitis characterized by headaches, pain, and purulent discharge, or crusting. A review of the record does not show that these symptoms have been attributed to his sinusitis. Therefore, based on review of the record, the Board finds that the evidence does not provide a basis for a higher evaluation. ORDER An increased rating for chronic sinusitis with headaches is denied. ____________________________________________ J. E. DAY Veterans Law Judge, Board of Veterans' Appeals Department of Veterans Affairs