Citation Nr: 21010697 Decision Date: 02/25/21 Archive Date: 02/25/21 DOCKET NO. 17-23 045 DATE: February 25, 2021 ORDER Entitlement to a rating of 30 percent, but no more, for chronic maxillary sinusitis (sinusitis) is granted. FINDING OF FACT The Veteran’s sinusitis was manifested by at least 7 non-incapacitating episodes in the previous 12 months, characterized by headaches, pain, and purulent discharge or crusting; the disorder did not occur following radical surgery with chronic osteomyelitis, nor was near constant sinusitis found. CONCLUSION OF LAW The criteria for a rating of 30 percent, but no more, for chronic maxillary sinusitis have been met. 38 U.S.C. §§ 1155, 5107; 38 C.F.R. §§ 4.1, 4.3, 4.7, 4.97, Diagnostic Code 6512. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served honorably in the United States Navy from August 26, 1974 to December 31, 1994. The undersigned Veterans Law Judge presided over a Board hearing in February 2021. This decision is being made under the “one-touch” program; a transcript of this hearing is forthcoming. At his February 2021 hearing, the Veteran expressed that a 30 percent rating for sinusitis would suffice. Accordingly, the grant of 30 percent is considered a full grant. Entitlement to a rating of 30 percent, but no more, for chronic maxillary sinusitis The Veteran seeks a compensable rating for his service-connected sinusitis. Service connection was granted for sinusitis, rated as noncompensable, in 1996. In a June 2008 Rating Decision, the AOJ continued this rating. That decision was not challenged and became final a year after it was issued. VA received the Veteran’s claim for an increased rating in November 2014, asserting that his disability had worsened. A January 2015 Rating Decision continuing the Veteran’s noncompensable rating was timely appealed. Disability evaluations are determined by the application of a schedule of ratings which is based on average impairment of earning capacity. Generally, the degrees of disability specified are considered adequate to compensate for considerable loss of working time from exacerbations or illnesses proportionate to the severity of the several grades of disability. See 38 C.F.R. § 4.1. Separate diagnostic codes identify the various disabilities. Where there is a question as to which of two separate evaluations shall be applied, the higher evaluation will be assigned if the disability more closely approximates the criteria required for that particular rating. 38 C.F.R. § 4.7. When a reasonable doubt arises regarding the degree of disability, such doubt will be resolved in favor of the Veteran. 38 C.F.R. § 4.3. Under DC 6512, a 30 percent rating is assigned for 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. After a review of the evidence of record, the Board determines that the requested rating of 30 percent is warranted. Specifically, the Veteran has suffered more than six non-incapacitating episodes of sinusitis in a year, characterized by headaches, pain, and purulent discharge or crusting. The lay and medical evidence of record indicates that these symptoms have persisted since the beginning of the appeal period. A March 2015 VA sinus CT scan report specifically notes chronic inflammation of the paranasal sinuses. Further, May 2017 treatment showed hypertrophied (swollen) nasal turbinates, possible sequelae of a sinus issue. Moreover, the Veteran submitted a non-VA provided February 2021 DBQ which notes progression of the Veteran’s sinusitis since his last rating. This evidence, and the Veteran’s February 2021 Hearing Testimony, indicates that a 30 percent rating is warranted for the period on appeal. Indeed, the examiner noted 7 or more non-incapacitating episodes of sinusitis in the previous 12 months, characterized by headaches, pain, and purulent discharge or crusting in the previous 12 months. The Board notes June 2014 treatment indicating that the Veteran’s nasal symptoms were less likely sinusitis, and a December 2020 note indicating that the Veteran had no sinus symptoms when tested for COVID-19. Regardless of the Veteran’s symptoms at these specific encounters, the Veteran’s competent and credible statements to his February 2021 examiner and at his February 2021 hearing are more probative of the Veteran’s symptoms during the appeal period. Indeed, the Veteran offered competent and credible testimony showing that during the appeal period he had frequent non-incapacitating episodes with crusting or purulent discharge. Moreover, he testified that his ability to seek sinusitis treatment was delayed by his heart condition. The evidence thus preponderates toward a finding that a 30 percent rating is warranted. This is considered a full grant in this instance, as the Veteran does not contend that his symptoms warrant a higher rating. The Veteran’s Notice of Disagreement, in which he requests a 20 percent rating, as well as clear February 2021 hearing testimony, indicate the Veteran’s satisfaction with a 30 percent grant. In any event, as the Veteran has not had repeated surgeries, the 50 percent rating criteria have not been met at any time during the appeal period. See Hart v. Mansfield, 21 Vet. App. 505 (2007). Considering the above discussion, the Board concludes that a 30 percent rating increase for sinusitis is warranted. 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. B.T. KNOPE Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Z. Maskatia