Allergic rhinitis decisions — 2001

The Board has granted a 30 percent evaluation for the veteran's chronic sinusitis with allergic rhinitis, which was previously rated as 10 percent disabling.

The Board has determined that the preponderance of the evidence is against the claims for a compensable disability rating for allergic rhinitis and headaches.

The Board denied the veteran's claims for service connection for headaches and an increased rating for allergic rhinitis, as well as his claim for compensation under 38 U.S.C.A. § 1151 for residuals of a fracture of the left lower extremity (including disability of the left ankle, left foot, left hip, and back, and depression). The Board also denied his total disability rating based on individual unemployability due to service-connected disabilities and his waiver of recovery of indebtedness created by overpayment of VA vocational rehabilitation benefits.

The Board denied the veteran's claims for increased ratings for his lumbar spine disability, maxillary sinusitis/rhinitis, and migraine headaches. The TDIU claim was also denied as the veteran is not precluded from substantially gainful employment due to his service-connected disabilities.

The Board denied the veteran's claims for service connection and increased ratings, finding that there was no evidence of aggravation during service and that current symptoms do not meet criteria for a compensable evaluation.

The veteran's claim for a total disability rating based on individual unemployability (TDIU) is denied as his service-connected conditions do not prevent him from performing the physical and mental acts required for gainful employment.

The Board has denied the veteran's claims for service connection for various conditions, including migraine headaches, a gynecological disorder, a psychiatric disorder, tinnitus with vertigo, rhinitis, sinusitis, a dermatological disorder defined as acne or eczema vulgaris, and fibromyalgia. The RO also denied an increased disability rating for service-connected joint pain and stiffness of the right hand, right wrist, and both knees, as due to an undiagnosed illness.

The veteran's claim for service connection for various symptoms, including skin rashes, viral warts, sores and lumps on the head with folliculitis, jaundice of the eyes, gingivitis, muscle contraction headaches and vascular headaches, joint and muscle pain, back pain, atypical noncardiac chest pain, frequent urination, recurrent diarrhea, hair loss, depressive disorder, fatigue, blurred vision, allergic rhinitis with sinusitis, sensitivity to chemical sprays, stress, and memory loss, is being remanded for further development.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claim for service connection for atrophic rhinitis, synechia with chronic recurrent epistaxis secondary to a nasal injury. The RO will now consider whether this condition was aggravated by active duty.

The Board found that the veteran did not submit a timely substantive appeal regarding service connection for rhinitis, hypertension, pes planus, hearing loss and tinea cruris as well as entitlement to an evaluation in excess of 10 percent for dissecting cellulitis of the scalp. The reduction from 30 percent to 0 percent in the rating for right eye blindness was improper.

The VA denied an increased rating for the veteran's service-connected vasomotor rhinitis, currently rated as 10 percent disabling.

The Board has granted service connection for allergic rhinitis with sinusitis and assigned a noncompensable evaluation, effective June 1, 1996.

The Board has denied the veteran's claims of service connection for a back disorder, residuals of cold injury/frostbite of the feet, allergic rhinitis/conjunctivitis, and lung/respiratory disorder due to lack of competent medical evidence showing current diagnoses.

The Board has granted a 10 percent disability rating for maxillary sinusitis with allergic rhinitis, effective from the date of the decision.

The Board has determined that the appellant's chronic sinusitis and allergic rhinitis, as well as his fibromyalgia syndrome (claimed as tendonitis and bursitis of joints of the upper and lower extremities), are related to service. The decision is granted for these conditions.

The veteran's overpayment of disability compensation benefits was denied because the Board found a lack of good faith in his creation, which precluded waiver of recovery.

The Board has determined that the veteran is unemployable due to multiple disabilities, including chronic lumbar syndrome and degenerative joint disease. The evidence shows he suffers from a combination of conditions that prevent him from engaging in substantially gainful employment.