Allergic rhinitis decisions — 2014

The Board denied the Veteran's claims for increased ratings for his service-connected allergic rhinitis with sinusitis and obstructive sleep apnea, finding that the evidence did not support a higher rating based on the severity of symptoms.

The Board has withdrawn the Veteran's claim for service connection for a bilateral hand disorder, to include arthritis.,Service connection is granted for tinnitus and allergic rhinitis and sinusitis.

The Veteran's claims for increased ratings for obstructive sleep apnea with bronchial asthma and allergic rhinitis are being remanded due to the submission of new evidence that may affect the severity assessments. The AOJ will consider this evidence in conjunction with the existing record.

The Board finds that the Veteran's claimed conditions of loss of sense of smell and taste, sinusitis (diagnosed as allergic rhinitis), and asthma were not incurred or aggravated by service. The evidence does not support a finding of direct service connection for these conditions.

The Board denied the Veteran's claims for service connection for retinopathy and an increased evaluation for a bilateral hearing loss disability. The evidence did not support a finding that the Veteran had current diagnoses of these conditions, or that they were related to his military service.

The Veteran's appeal is being remanded for further development and consideration of his claims for service connection for chronic sinusitis, non-allergic rhinitis, and scars about the nose, all claimed as secondary to a service-connected nasal fracture.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and Social Security Administration (SSA) disability determination records. A VA examination will also be conducted to determine if the Veteran requires regular aid and attendance due to his service-connected disabilities.

From March 9, 2006 to August 12, 2012, the Veteran's allergic rhinitis was manifested with polyps. Since August 13, 2012, her symptoms have not met the criteria for a compensable rating.

The Veteran's sleep disorder is considered a symptom of his service-connected PTSD and not a separate disability. The Board has denied the claim for service connection.

The Veteran's combined rating for his service-connected conditions is 80%, which meets the percentage requirements for a schedular TDIU. However, the weight of the evidence indicates that these disabilities do not prevent him from obtaining or retaining substantially gainful employment.

The Veteran's appeal is being remanded to obtain additional medical opinions and examinations regarding his sleep apnea, bronchial asthma, allergic rhinitis and sinusitis, and bilateral hearing loss. The VA will then review the claims again.

The Veteran's claims for earlier effective dates for increased ratings were denied as the evidence did not show entitlement to higher ratings within a year of the date of claim.,An effective date earlier than June 15, 2007 was denied for the 20 percent rating for residuals of a fracture of the left tibia due to lack of medical records in the year prior to the claim.

The Veteran's appeals for service connection on the issues of liver disorder, left heel fracture, bilateral testicle disorder, and other conditions have been withdrawn. The remaining claims are dismissed.

The Veteran asserts that he has had problems with his sinuses since service in Saudi Arabia. The VA examiner could not determine the relationship of the condition to military service without resort to mere speculation.

The Veteran's sinusitis is currently rated at 10 percent, effective January 24, 2005. The Board found that his chronic rhinitis and sclerotic left mastoid tip are not service-connected as they were not present in service or until many years thereafter and are not related to service.

The Veteran's left ankle strain is currently rated as 10 percent disabling. The Board has found that the disability picture nearly resembles marked limitation of motion, warranting a higher rating.,Service connection for right ankle disorder, hemorrhoids, low back disorder, cervical spine disorder, sinusitis and allergic rhinitis, and migraines are remanded to the AOJ.

The Veteran's service-connected fibromyalgia and allergic rhinitis prevent him from engaging in gainful employment, meeting the criteria for a TDIU on an extraschedular basis.

The Veteran's claim for a compensable rating for service-connected non-allergic rhinitis (formerly diagnosed as chronic sinusitis) is being remanded due to the need for additional consideration of new evidence and clarification of her diagnosis.

The Veteran's death was caused by renal cell carcinoma, but the appellant contends that his service-connected disabilities contributed to his use of analgesic medications which may have led to his cancer. The Board finds a need for an expert medical opinion on this issue.

The Veteran's appeal is being remanded for additional development to ensure compliance with the Board's previous remand instructions and to obtain a new VA examination.