Allergic rhinitis decisions — 2011

The Veteran's sinusitis and allergic rhinitis are currently rated as 10 percent disabling. The Board finds that the evidence supports a higher rating of 30 percent, considering the Veteran's daily headaches and sinus pain.

The Board has determined that the Veteran's claimed conditions, including bilateral hearing loss disability, tinnitus, hay fever or allergic rhinitis, and COPD or asthma, were not incurred in or aggravated by active service. The evidence does not support a finding of direct service connection for these conditions.

The Veteran's claims for service connection for sinusitis/allergic rhinitis, left ear hearing loss, and low back disability are being remanded due to the need for additional development.

The Veteran's recurrent sinusitis and allergic rhinitis are currently evaluated as 50 percent disabling, which is the maximum available under the General Rating Formula for Sinusitis. The claim for an increased evaluation is denied.

The Board found that sinusitis and/or rhinitis were not shown to have had onset during service, nor are they related to an injury, disease, or event in service. The Veteran's current episodes of sinusitis and rhinitis are considered unrelated to her service.

The Veteran's claims for service connection for skin rash, left hand pain, left shoulder pain, eye disorder, allergic rhinitis, residuals of spontaneous pneumothorax, and PTSD were all denied. The claim for service connection for sleep apnea was granted.

The Veteran's claim for service connection for a chronic disability in the upper respiratory system, including allergic rhinitis and chronic sinusitis, is being remanded due to insufficient evidence regarding the relationship between her current conditions and active military service.

The Board denied service connection for tinnitus and allergic rhinitis, finding that the evidence did not support a link to military service.

The Veteran's claimed conditions were not found to be related to service, including as due to an undiagnosed illness.

The Board has determined that additional VA examinations are necessary to properly assess the severity of the Veteran's service-connected disabilities and to determine appropriate disability ratings.

The Veteran's service-connected disabilities, including degenerative disc disease of the lumbar spine, right and left knee disabilities, hypertension, asthma, right and left wrist disabilities, migraine headaches, allergic rhinitis, and erectile dysfunction, preclude him from securing or following substantially gainful employment consistent with his education and industrial background. As such, a TDIU is granted.

The Board has determined that additional development is needed to properly adjudicate the Veteran's claims for service connection, including obtaining relevant medical records and providing proper notice under VCAA.

The Veteran has withdrawn his appeal for the issues of service connection for right eye, giant cell conjunctivitis; left eye, giant cell conjunctivitis; allergies, hay fever; asbestos exposure; ionizing radiation exposure; contusion on the left thigh; left buttock contusion with hematoma; TMJ syndrome; closed head injury (claimed as left head injury); left ear pain; left forearm rash; pseudofolliculitis barbae; left finger injury (claimed as cut and scar); sinus bradycardia; exposure to smoke; exposure to JP4 (jet fuel); and a left femur fracture. The claim for service connection based on RF radiation exposure is denied.

The Veteran's claims for service connection for sore throat, allergic rhinitis, and depression were denied. However, the Veteran was granted a 10 percent rating for her left leg laceration scar.

The Veteran's claims for effective dates prior to September 20, 2006 for the separate evaluations of rhinitis/sinusitis and conjunctivitis have been granted.,Service connection has been established for tinnitus.

The Veteran's sinusitis, to include his rhinitis, is manifested by near constant sinusitis characterized by headaches, pain and tenderness of affected sinus, and purulent discharge or crusting after repeated surgeries. The Board finds that the evidence of record justifies a 50 percent disability rating for the Veteran's sinusitis, to include his rhinitis.

The Board found that the Veteran does not have a current diagnosis of asthma and denied his claim for service connection. The issue of allergic rhinitis is addressed in the REMAND portion.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and translating Spanish language documents. The issues of service connection for vertigo and a left shoulder condition are also pending.

The Veteran's appeal is being remanded due to the need for additional development and consideration of new evidence. The issues include a claim for a compensable rating for service-connected allergic rhinitis and an initial rating in excess of 10 percent for chronic maxillary sinusitis.

The Veteran's claims for increased ratings and service connection were denied. The reduction in rating from 40 percent to 20 percent was also denied.