Allergic rhinitis decisions — 2013

The Veteran withdrew his appeals for increased disability ratings for allergic rhinitis and service connection for obstructive sleep apnea prior to the Board's decision.

The Veteran does not have chronic nasal allergies, to include sinusitis and/or rhinitis, that are causally related to his military service.

The Veteran's sleep apnea was not incurred in or aggravated by service, and it may not be presumed to have been incurred during service.,As the Veteran's claimed sleep degradation/deprivation/insomnia is already rated under his service-connected psychiatric disability, the appeal for service connection for this complaint is dismissed.,The criteria for an initial disability rating of 30 percent, but no more, for an acquired psychiatric disorder have been met throughout the appeal period.,The Veteran's right knee disability has not been productive of flexion less than 45 degrees, extension greater than zero, or lateral instability or subluxations; but it has been productive of less than full flexion and pain on motion throughout the appeal.,The criteria for an initial disability rating higher than 10 percent for migraine headaches have not been met at any time during the appeal period.,There being no justiciable case or controversy, the appeal for an initial disability rating higher than 50 percent for sinusitis beginning November 17, 2011, is dismissed.,There being no justiciable case or controversy, the appeal for an initial disability rating higher than 10 percent for allergic rhinitis beginning November 17, 2011, is dismissed.,The criteria for a rating of 50 percent for sinusitis from May 2, 2007, to November 17, 2011, are met; and the criteria for a rating of 10 percent, but no more, for allergic rhinitis from May 2, 2007, to November 17, 2011, are met.

The Veteran's claims for service connection for a skin disability, vertigo, upper respiratory disability, and gastrointestinal disability were denied. The Board found that the conditions did not have their onset in service or were not caused by service.

The Veteran's sinusitis was granted a 10% rating prior to April 3, 2012 and a 30% rating thereafter. The Veteran's allergic rhinitis is not compensable. The organic brain syndrome secondary to anoxia is also not compensable.

The Veteran's service-connected allergic rhinitis was initially rated as noncompensable (0%) and later increased to 10% effective November 26, 2012. The Board found that a compensable evaluation is not warranted prior to this date.

The Veteran's claims for initial evaluations and ratings for his service-connected conditions were denied. The Board found that the evidence did not meet the criteria for a compensable evaluation or higher rating for any of the conditions.

The Board found no evidence of bilateral hearing loss for VA purposes and denied service connection for this condition.,There was also no evidence of a left ear disability, claimed as popping, meeting the criteria for service connection. The Veteran's assertions were not supported by medical evidence.

The Veteran's TDIU claim is being remanded for additional development, including obtaining a medical opinion and reviewing SSA disability determination records.

The Veteran's appeal was denied as his claim of service connection for a headache disability could not be reopened due to lack of new and material evidence. His rating for allergic rhinitis, which had been reduced from 30 percent to 10 percent effective February 1, 2012, is also denied.

The Board found that the Veteran's current allergic rhinitis is not related to his service and denied his claim for service connection.

The VA determined that the Veteran's respiratory disorder, specifically allergic rhinitis/sinusitis, was not incurred in service and is not related to exposure to Agent Orange. The condition is considered a direct result of aging and changes in allergens.

The Veteran's claim for service connection for vasomotor rhinitis is being remanded due to the need for additional development, including obtaining VA treatment records and a medical opinion.

The Veteran's claims for increased ratings for COPD, sinusitis with allergic rhinitis, and radiculopathy of the right lower extremity have been granted effective June 6, 2012.

The Veteran's service-connected allergic rhinitis has not shown to be manifested by a greater than 50 percent obstruction of the nasal passage on both sides or complete obstruction on one side, nor has it been shown to be manifested by polyps. Therefore, the criteria for a compensable rating have not been met.

The Board denied the Veteran's claims for service connection for avascular necrosis of the right hip, allergic rhinitis, and pharyngitis, as well as her claims for an initial compensable rating for service-connected hemorrhoids.

The Board has determined that the Veteran does not have current sinusitis or rhinitis, and there is no evidence of a nexus between his service and these conditions. The claims are therefore denied.

The Board has granted service connection for hepatitis C, chronic sinusitis, and chronic rhinitis based on direct evidence of in-service disease or injury. The Veteran's MOS included exposure to asbestos, dust, and toxic fumes during his active duty service.

The Board has determined that the Veteran's allergic rhinitis and chronic maxillary and bilateral ethmoid sinusitis are secondary to his service-connected nasal fracture, post-operative septorhinoplasty, and rhinoplasty. The decision is granted.

The Veteran's depression is found to be service-connected, and the claims for lumps on the arms, skin condition, PTSD, muscle weakness, and allergic rhinitis are all denied.