Allergic rhinitis decisions — 2011

The Board denied the Veteran's motion alleging clear and unmistakable error (CUE) in its March 6, 2009 decision regarding his service-connected sinusitis and allergic rhinitis. The Board also dismissed the motions for CUE in the decisions regarding new and material evidence to reopen claims of bilateral hearing loss, chronic bilateral tendonitis of the legs, and a dental disorder for compensation purposes.

The Veteran's claim for service connection for a respiratory disorder, including sinusitis, allergic rhinitis, hay fever and allergies is being remanded due to the need for additional development.

The Veteran's claim for service connection for a chronic sinus disability, including sinusitis and allergic rhinitis, is being remanded due to the need for additional development of his medical records.

The Board denied service connection for allergic rhinitis and low back disability, finding that the Veteran's pre-existing conditions did not increase in severity during service. The claim for right knee DJD was also denied.

The Veteran's claims for earlier effective dates for TDIU and DEA are being remanded due to the need for further development, including obtaining evidence of his income between March 28, 2004 and March 19, 2005, and providing VA medical opinions regarding whether he is unemployable due to service-connected disabilities.

The Board has granted service connection for rhinitis, sinusitis, and PTSD. The claim for tinnitus remains pending.

The Board finds that the Veteran's allergic rhinitis did not have an onset in service and was not due to or the result of service. The examiner concluded it is less likely than not the Veteran's allergic rhinitis was permanently aggravated by his period of service. As for the heart murmur, there are no current residuals identified.

The Veteran's appeal is being remanded for additional examinations to determine the current severity of his service-connected lumbosacral spine disability and chronic rhinitis, as well as for any other necessary development.

The Veteran's service treatment records show he had pre-existing conditions such as allergic rhinitis and cervical strain. The VA is requested to provide a medical opinion on whether these conditions were aggravated by his military service or are related to his current disabilities.

The Board has found service connection for the claimed conditions, with resolution of doubt in favor of the Veteran. The criteria for secondary service connection are met.

The Veteran's allergic rhinitis with associated sinusitis has been rated at 30 percent since February 12, 2008. Prior to this date, the disability was rated at 10 percent.

The Veteran's claim for service connection of CVID is being remanded due to the need for additional medical examination and opinion regarding the etiology of his current disability.

The Veteran's appeal is remanded for a Travel Board hearing before the RO or via video conference, as requested.

The Veteran's appeal is being remanded to obtain additional medical opinions regarding his service-connected sinusitis and its impact on his nonservice connected rhinitis/allergies, as well as whether his combined service-connected disabilities prevent him from securing and following a substantially gainful occupation.

The Board has determined that there is no current evidence of a chronic sinus disorder or allergic rhinitis, and thus service connection for these conditions cannot be established.

The Board has decided to remand the case for additional development, including obtaining service records and a VA examination.

The Veteran's hearing loss, sinusitis, rhinitis, bronchitis, COPD, insomnia, allergies, substance dependence, and depression were not found to be related to service or service-connected conditions.

The Board has granted a 30 percent evaluation for service-connected allergic rhinitis, which is characterized by more than six non-incapacitating episodes per year of headaches, pain, and purulent discharge or crusting.

The Veteran's appeal is being REMANDED to the RO/AMC for additional development, including obtaining VA treatment records and arranging for a VA examination. The claims for initial higher ratings on appeal will be readjudicated after all actions are completed.

The Board found that the Veteran's substantive appeals for service connection were not timely filed, and thus denied these claims.