Allergic rhinitis decisions — 2017

The Veteran withdrew his claims of service connection for rhinitis and an initial compensable rating for bilateral hearing loss.

The Board found that the Veteran's current back and sinus disabilities are not related to service.,There is no evidence of a chronic headache disability in service or post-service.

Service connection for chronic maxillary sinusitis and allergic rhinitis was denied as the evidence did not show a nexus to service.,Service connection for anxiety attacks with sleeping problems and memory loss has been reopened, but is still not granted due to lack of a direct link to service.

The Board has remanded the case due to a request for a video-conference hearing, and no other specific issues have been resolved.

The Veteran's claims for service connection and ratings for sinusitis, allergic rhinitis, GERD, and vocal cord disorder are being remanded due to the need for additional development.

The Veteran has withdrawn all pending appeals regarding the claims of service connection for breathing problems and Gulf War Syndrome. The Board therefore dismisses these appeals.

The Veteran's claim for service connection for Hepatitis B was denied, and his claims for a compensable rating for allergic rhinitis prior to October 20, 2014, and for a rating in excess of 10 percent thereafter were also denied.

The Veteran's appeal is being remanded to the Agency of Original Jurisdiction (AOJ) for further action, including scheduling a Board videoconference hearing.

The Veteran's lumbar spine, right knee, and left hip disabilities are not service-connected.,The Veteran does not have a diagnosed condition of hemorrhoids. His claimed hemorrhoids were previously diagnosed in 1998.

The Veteran's claim for an effective date earlier than April 21, 2004, for the grant of service connection for sinusitis with rhinitis and nasal polyps is granted. The Board found that the April 1981 rating decision was clearly and unmistakably erroneous due to a failure to consider the provisions of 38 U.S.C.A. § 1154(b), which applies to combat Veterans.

The Veteran's claims for increased ratings for panic disorder and allergic rhinitis were denied by the Board. The Veteran's service-connected conditions are rated under a 'direct' theory of service connection, meaning they are not based on presumptions or secondary theories.

The Veteran's claim for service connection for a respiratory condition, to include septal deviation with allergic rhinitis, was denied as the evidence did not show an in-service injury or event and no link between current conditions and service. The Board found that the preponderance of the evidence is against the claim and therefore denied it. For PTSD, the Veteran's disability manifested primarily by near continuous anxiety and depression, resulting in occupational and social impairment with deficiencies in most areas. The criteria for a 70% rating were met.

The Board has remanded the case due to inadequate opinions regarding the etiology of the Veteran's sleep apnea and whether it is caused or aggravated by his service-connected allergic rhinitis.

The Veteran's rhinitis is rated at 10 percent, which is the maximum available rating under Diagnostic Code 6522.,The Veteran's residuals of an injury to the right fourth and fifth metacarpals are currently rated at 0 percent, as there is no evidence of unfavorable ankylosis or intervertebral disc syndrome.,The Veteran's chronic back pain with history of spondylolisthesis is rated at 40 percent under Diagnostic Code 5237.

The Veteran's service-connected deviated septum with allergic rhinitis did not meet the criteria for a compensable rating prior to September 28, 2012. As of that date, he was assigned a 10 percent disability rating. The Board found no evidence supporting an initial higher rating.

The Veteran's claims for increased ratings and a separate rating for bruxism are being remanded due to the need for additional development, including obtaining Social Security Administration records and scheduling a video conference hearing.

The Veteran's TDIU claim was denied as her service-connected disabilities do not preclude her from obtaining and maintaining employment.

The Veteran's service connection claim for sinusitis and rhinitis has been granted. The Board finds that the current sinus condition is related to his military service, and affords him the benefit of doubt in favor of a finding of service connection.

The Veteran's appeal is being remanded for additional development, including obtaining complete VA treatment records and scheduling the Veteran for appropriate VA examinations to assess the current severity of his disabilities. The Veteran must also be scheduled for a new examination before service connection can be decided on the merits for bilateral hearing loss.

The Veteran's claims for various conditions, including right knee disability and degenerative arthritis of the lumbar spine with intervertebral disc syndrome, were granted. The specific ratings assigned are provided in the decision summary.