Allergic rhinitis decisions — 2011

The Veteran's claims for an earlier effective date for a 10% rating for folliculitis, reopening of service connection claims for upper respiratory and bilateral hearing loss disabilities were denied.

The Veteran's allergy disorder was incurred in active service and the Board grants entitlement to service connection for this condition. The criteria for a TDIU rating have also been met, with reasonable doubt resolved in favor of the claimant.

The Veteran's claims for increased ratings for sinusitis, allergic rhinitis, and bronchitis have been granted. The claim for service connection for bilateral hearing loss remains pending. The claim for a compensable rating for hypoglycemia has not been addressed.

The Board has determined that the Veteran does not have a hearing loss disability as defined by VA regulations and denied service connection for this condition. Service connection was granted for allergic rhinitis, but no compensable rating is warranted for either shoulder disorder prior to May 27, 2008. The criteria for a higher rating are also not met for the Veteran's shoulder disorders since that date.

The Veteran withdrew his appeals regarding the initial ratings for chronic sinusitis, residuals of mycoplasma pneumonia associated with chronic sinusitis, and gastroesophageal reflux disease (GERD). The appeal for an initial compensable rating for allergic rhinitis is referred to the AOJ.

The Veteran's appeal for a higher initial rating for allergic rhinitis has been withdrawn, resulting in the dismissal of the appeal.

The Board has granted service connection for allergic rhinitis, finding that the Veteran's symptoms are related to his active service.

The Board has determined that new and material evidence has been received to reopen the Veteran's claims for service connection for headaches, fatigue with insomnia, and left knee disability. The case is being remanded to obtain additional medical records and to schedule the Veteran for VA examinations.

The Board has denied the appellant's claims for service connection for right hand disability, back disability, allergic rhinitis and bronchitis, gastroesophageal reflux disease (GERD), and depression due to a lack of evidence showing current disabilities or a nexus between any claimed conditions and service.

The Board has remanded the case due to issues not previously addressed in a statement of the case and failure to provide proper VCAA notice. The claim for a compensable evaluation for service-connected left deviated septum, status post surgery with recurrent sinusitis, chronic rhinitis and sinus headaches is pending.

The Board has remanded the Veteran's claims for increased ratings for residuals of a shell fragment wound to the right buttock, postoperative chronic hypertrophic rhinitis with polyposis, and thrombotic hemorrhoids, post hemorrhoidectomy, for further development.

The Board found that the Veteran's sinus condition, diagnosed as non-allergic rhinitis, was not incurred in or aggravated by active military service. The claim for sinusitis was denied.

The Veteran's chronic rhinitis, claimed as sinusitis, has been linked to his military service and the Board finds that he is entitled to service connection for this condition.

The Board has granted service connection for right foot hammertoe, allergic rhinitis, and bilateral pes planus. The Veteran's right foot hammertoe is rated as noncompensable under Diagnostic Code 5282. Service connection was established for the other conditions based on direct evidence of a link to service.

The Veteran's claim for an increased rating for allergic rhinitis was denied as the disability is already assigned the maximum schedular rating available. The Board found that his symptoms are adequately described by the current evaluation criteria.

The Board has remanded the case for further development and examination to determine if there is a current disability related to service, including exposure to tear gas in Vietnam. The claims of service connection will be adjudicated after this additional development.

The Veteran's service-connected allergic rhinitis/sinusitis is rated at 10 percent since January 14, 2005 to May 6, 2008 and at 30 percent since May 7, 2008.

The Board has determined that the Veteran's service-connected allergic rhinitis does not meet or approximate the criteria for a compensable rating at any point during the appeal period.

The Veteran is entitled to special monthly pension benefits based on the need for aid and attendance of another person due to his disabilities, including diabetic neuropathy, glaucoma, vertigo, and memory loss. His combined nonservice-connected disability rating for pension purposes is 90 percent.

The Board denied the Veteran's claims of service connection for left ankle disorder, allergic rhinitis, and heart disease manifested by first degree atrioventricular block. The Veteran did not have a current disability for any of these conditions.