Allergic rhinitis decisions — 2016

The Board denied the Veteran's claims of service connection for allergic rhinitis, a respiratory disorder including chronic bronchitis and asthma, and an acquired psychiatric disorder. The evidence did not support finding that these conditions were incurred or aggravated by military service.

The Board has granted service connection for degenerative osteoarthritis and degenerative disc disease of the lumbar spine. The Veteran's sinus condition, right and left shin splints are still pending issues.

The Board has remanded the case due to an error in finding that the presumption of soundness did not apply to the Veteran's claim for service connection for a respiratory condition, to include allergic rhinitis and sinusitis. The VA is required to provide a new VA examination to determine if any current respiratory conditions preexisted service or were aggravated during service.

The Veteran's service separation form shows he had continuous active service from January 5, 1961 to December 27, 1962. However, his service ended before the start of the Vietnam era and does not meet the criteria for qualifying wartime service as required by law.

The Veteran's right knee disability is rated at 60 percent effective July 1, 2011. The TDIU claim was granted effective the same date.

The Veteran's sinusitis is rated at 30 percent, effective from January 12, 2001. The Veteran's allergic rhinitis was initially rated at 10 percent prior to March 4, 2008 and has been increased to 30 percent since that date.

The Veteran's chronic epistaxis began in service and has been present since then, meeting the criteria for service connection.

The Veteran's chronic allergic rhinitis is service-connected and rated at 30 percent.,PTSD was granted as service-connected, but an initial rating higher than 70 percent prior to March 22, 2007, is denied. A TDIU was granted effective from March 22, 2007.

The Veteran's lumbar spine disability was granted a higher rating of 20 percent effective May 21, 2010. The left lower extremity radiculopathy and right ear hearing loss were both rated at the minimum compensable level.

The Veteran's low back disability is currently rated at 10 percent, and the Board has granted this rating. The claim for allergic rhinitis remains pending as it was remanded.

The Board denied the Veteran's claims for ratings in excess of 10 percent for rhinitis and 30 percent for asthma prior to December 23, 2014. The evidence did not show that the Veteran's service-connected asthma met or approximated the criteria for a higher rating under any applicable diagnostic code.

The Veteran's service-connected post-operative nasal septum deformity with vasomotor rhinitis is currently rated at 10 percent, and the Board has granted a separate rating for his saddle nose disfigurement. The issues of TDIU and SMC have also been addressed.

The Veteran's claim for an earlier effective date for additional compensation benefits for his spouse was denied as the RO was notified of his marriage to his current wife on July 22, 2010, which is when he submitted a VA Form 21-686c. The earliest effective date that can be assigned is August 1, 2010.

The Board denied service connection for sinusitis, allergic rhinitis, and sleep apnea as secondary to the Veteran's service-connected nasal condition. The claim for PTSD was also denied.

The Board denied the Veteran's claims for an initial compensable rating for allergic rhinitis prior to June 15, 2013 and a disability rating in excess of 10 percent for allergic rhinitis since June 15, 2013.

The Veteran's appeal is being remanded for additional development to obtain medical records and provide the Veteran with VA examinations.

The Board has remanded the case for additional development, including obtaining relevant medical records and scheduling a VA examination. The issues of service connection for rhinitis/sinusitis and initial rating for tongue injury residuals are on appeal.

The Veteran's combined rating for his service-connected disabilities is 90%, which satisfies the criteria for a TDIU. The evidence shows that the Veteran's PTSD renders him unable to secure or follow a substantially gainful occupation.

The Veteran's claims for service connection of various conditions were denied. The Board found that the evidence did not support a finding that any of these conditions are related to his military service.

The Veteran's muscle and joint pain, sleep disturbance, and allergic rhinitis have been granted service connection. The bilateral foot disorder has not.,Service connection for the Veteran's diagnosed conditions is established.