Allergic rhinitis decisions — 2009

The Veteran's appeals for increased ratings and service connection were withdrawn at a hearing. The claim for an initial rating in excess of 50 percent for major depressive disorder with psychotic features was dismissed.

The veteran's autoimmune hepatitis is granted service connection, and she receives a 30% initial evaluation for her dyshydrotic eczema. The veteran also receives an initial 10% evaluation for her sinusitis and allergic rhinitis.

The Board has determined that the Veteran's claims of entitlement to service connection for tinnitus, a heart condition, degenerative joint and disc disease, lumbosacral spine with disc herniation, L5-S1, and foraminal stenosis, asthma, and allergic rhinitis have been denied as there is no evidence linking these conditions to his military service.

The Board has remanded the claims for service connection due to additional evidence being submitted after the last Supplemental Statement of the Case (SSOC). The Veteran's claim will be reconsidered in light of all pertinent evidence, including the new emergency room record from April 2009.

The Board found that the Veteran's death was not caused by a service-connected condition, and thus denied the claim for service connection for the cause of the Veteran's death.

The Veteran's claims for bilateral pes planus, androgenic alopecia, tension headaches, nasal allergy condition (allergic rhinitis/hay fever), sinusitis, and L5-S1 disc protrusion are all denied as the conditions do not meet the criteria for service connection based on direct evidence.

The Veteran's service-connected conditions have been granted with appropriate disability ratings.

The Veteran's rhinitis and asthma have been evaluated, with the rhinitis receiving a 10% evaluation since August 30, 1988. The Veteran's asthma has received a 30% evaluation since March 6, 2000.

The Veteran's claim for a higher initial rating for the service-connected perennial allergic rhinitis/sinusitis is being remanded due to inadequate VA examination and incomplete medical records.

The Veteran's appeal is being remanded for additional development of his claims, including obtaining treatment records and scheduling a VA examination.

The Veteran's claim for a right ankle disability was denied as there was no evidence of current residuals from an in-service injury. The new evidence received does not establish the presence of a current right ankle disability.,The Veteran's claims for left ankle disability and allergic rhinitis and conjunctivitis were reopened due to receipt of new evidence, which raised a reasonable possibility of substantiating these claims.

The Board has determined that the Veteran's unauthorized medical expenses incurred at Central Florida Regional Hospital on February 11, 2006 were reimbursable due to an emergent medical condition and because VA facilities were not feasibly available.

The Veteran's claims for a compensable rating for her low back disability, service connection for her right arm disorder (claimed as tendonitis), and service connection for her allergies are all denied. The Board found no current evidence of a chronic right arm disorder or allergic reactions that can be attributed to active duty service.

The Veteran's appeal is being remanded for further development, including a VA examination to determine the nature and etiology of his claimed conditions.

The Veteran's right elbow disability was denied as there is no evidence of a current disability. The Board found that the Veteran did not have a chronic acquired right elbow disability during service and his symptoms were acute and transitory. Service connection for allergic rhinitis was granted based on continuity of symptomatology since service.

The Board denied service connection for tinnitus, low back disability, and allergic rhinitis. The Veteran's complaints of tinnitus were not documented in service records, and the current condition is not linked to active service. For the low back disability, there are service treatment records indicating pain but no diagnosis at that time. Current degenerative changes in the lumbar vertebra are associated with service. Allergic rhinitis was not addressed as a service-connected issue.

The Veteran's respiratory disorders, including allergic rhinitis and asthma, are not shown to have been incurred or aggravated by service. His fibromyalgia is not related to his service. The psychiatric disability claim is pending.

The appellant seeks service connection for low back pain, disability of the parotid gland, allergic rhinitis, and a disability of the chest. The VA is remanding the case to obtain medical examinations and opinions regarding these claims.

The Board found that the Veteran's new evidence did not relate to an unestablished fact necessary to substantiate his service connection claims for a psychiatric disorder, including dysthymic disorder, and allergic rhinitis.

The Board found that the Veteran's allergic rhinitis was not incurred in service and denied his claim. The right elbow tendonitis issue is remanded for further development.