Allergic rhinitis decisions — 2010

The Board has determined that additional development is required before the issue on appeal can be adjudicated. Specifically, the Veteran needs to provide treatment records from Eastern Virginia Ear, Nose and Throat Specialists since July 15, 2008, and any other records dated since April 6, 2010. Additionally, a VA examination should be scheduled to determine the current extent of his service-connected allergic rhinitis.

The Veteran's appeal involves multiple service-connected disabilities, and the Board has ordered a new VA examination to assess current functional impairment due to these conditions.

The Veteran's service records show diagnoses of sinusitis, bronchitis, and asthma. The Board has re-characterized the issues as a sinus/rhinitis disorder and respiratory disorders (including bronchitis and asthma). Service connection is granted for these conditions.

The Veteran's initial compensable ratings for sleep apnea with disordered breathing and allergic rhinitis have been granted, but the appeal is pending for other conditions.

The Veteran's claims for service connection for fatigue and sinusitis were denied. However, her claim for allergic rhinitis was granted due to a history of hay fever at enlistment.

The Veteran's appeal is being remanded for additional development of his service records and for examinations to determine the nature and etiology of his claimed disabilities.

The Board found that the Veteran does not have a right ankle disorder, right shoulder disability, sinusitis, or chronic disabilities involving joint pain of his wrists, elbows, knees and ankles due to disease or injury incurred in service. However, it is just as likely as not that the Veteran's allergic rhinitis is related to his military service.

The Board has determined that the evidence received since the final August 2004 rating decision is not new and material, and therefore, the claims of entitlement to service connection for conjunctivitis and allergic rhinitis are not reopened.

The Veteran's cause of death was not service-connected as the underlying condition did not arise from his military service.

The Board denied the Veteran's claims for higher initial ratings for allergic rhinitis and chronic sinusitis, finding that the evidence did not meet the criteria for a higher rating under the applicable VA rating schedule.

The Board has granted a 40 percent evaluation for the Veteran's lumbar spine disability, effective August 17, 2009.

The Veteran's respiratory disorder (asthma) is found to have been incurred in service, and the Board grants service connection for this condition. The remaining issues on appeal are addressed in the REMAND portion of the decision.

The Board denied the Veteran's claims for service connection for postnasal fracture with scar, speech disorder, and allergic rhinitis due to lack of evidence showing a causal relationship between these conditions and his military service.

The Veteran's appeals for increased ratings and earlier effective dates have been denied. The Board found that the Veteran did not meet the criteria for a compensable rating prior to January 23, 2009 or a rating in excess of 10 percent at any time for his basal cell carcinoma with actinic keratoses.

The Board has determined that the Veteran's allergic rhinitis and left shoulder rotator cuff tendonitis are service-connected, with no issues related to exposure basis or presumption.

The Veteran's service-connected lupus, rheumatoid arthritis, and osteopenia have been evaluated based on their combined effect. The claims for higher initial ratings for various joints are denied as the evidence does not meet the criteria for a higher rating at any point during the appeal period.

The Veteran's service-connected allergic rhinitis, post-operative, did not meet the criteria for a compensable evaluation prior to July 23, 2008 and does not meet the criteria for an initial evaluation in excess of 10 percent after that date.

The Veteran's initial evaluations for hypertension and allergic rhinitis have been increased to 10 percent effective May 1, 2004. The Board has remanded the issue of higher initial evaluations for these conditions.

The Veteran's additional disabilities, including rhinitis, sinusitis, and trigeminal neuralgia, are not deemed to be caused by VA care or treatment. The removal of her right ovary is considered a reasonably foreseeable result of having a cyst on the ovary.

The Veteran's sinusitis is characterized by six or more incapacitating episodes per year, resulting in headaches, pain, and a nasal discharge. The Board has granted a compensable initial rating of 30 percent for his service-connected sinusitis.