Citation Nr: 21029944
Decision Date: 05/17/21	Archive Date: 05/17/21

DOCKET NO. 18-51 440
DATE: May 17, 2021

ORDER

Entitlement to service connection for chronic sinusitis is granted.

FINDING OF FACT

The Veteran's chronic sinusitis began during active service.

CONCLUSION OF LAW

The criteria for service connection for chronic sinusitis are met. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from June 1987 to July 2017. 

This matter comes before the Board of Veterans' Appeals (Board) from am August 2017 rating decision from the Department of Veterans Affairs (VA) Regional Office (RO). 

The Veteran appeared for a hearing before the undersigned Veterans Law Judge in May 2021. 

Although the Board has an obligation to provide adequate reasons and bases supporting this decision, there is no requirement that the evidence submitted by the appellant or obtained on his behalf be discussed in detail. Rather, the Board's analysis below will focus specifically on what evidence is needed to substantiate the claim and what the evidence in the file shows, or fails to show, with respect to the claim. See Gonzales v. West, 218 F.3d 1378, 1380-81 (Fed. Cir. 2000); Timberlake v. Gober, 14 Vet. App. 122, 128-30 (2000). 

Where there is an approximate balance of positive and negative evidence regarding any issue material to the determination of a matter, VA shall resolve reasonable doubt in favor of the claimant. 38 U.S.C. § 5107 (b); 38 C.F.R. § 3.102; Gilbert v. Derwinski, 1 Vet. App. 49 (1990). To deny a claim on its merits, the evidence must preponderate against the claim. Alemany v. Brown, 9 Vet. App. 518 (1996).

Entitlement to service connection for chronic sinusitis 

The Veteran contends he developed chronic sinusitis in service.   

The Board concludes that the Veteran has a current disability that began during active service. 38 U.S.C. §§ 1110, 1131, 5107(b); Holton v. Shinseki, 557 F.3d 1363, 1366 (Fed. Cir. 2009); 38 C.F.R. § 3.303(a). 

STRs show the Veteran has a current diagnosis of sinusitis. STRs also indicate the Veteran reported nasal congestion since 2006, not relieved by medication. He was diagnosed with chronic sinusitis in August 2009. The Veteran's separation health assessment in 2017 indicates chronic sinus issues. Subsequently, the Veteran was seen frequently for sinusitis. See, e.g., October 2018 and April 2019 Medical Treatment Record  Government Facility. 

 

Upon review of the record, the Board finds the preponderance of the evidence indicates the Veteran's current chronic sinusitis arose in service. Accordingly, the Board finds that service connection for chronic sinusitis is warranted. 38 U.S.C. § 5107; 38 C.F.R. § 3.102. 

 

 

Nathaniel J. Doan

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	K.L. Blevins, Associate Counsel

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.