Allergic rhinitis decisions — 2017

The Veteran's nasal varix and right knee chondromalacia claims were denied, while the issue of reopening her rhinitis claim was granted. The Board found that new evidence presented related to her rhinitis claim.

The Board denied reopening the Veteran's claims of service connection for hypertension and right nephrectomy due to cancer, as new and material evidence was not submitted. The claim for rhinitis and chronic vertigo is being remanded.

The Board found that the Veteran's respiratory disabilities, including sleep apnea and allergic rhinitis, were not incurred during his military service. The evidence did not show any respiratory issues or diagnoses in service, and the service treatment records are negative for such conditions.

The Veteran's claims for diabetes mellitus, rhinitis, and maxillary sinusitis were granted with effective dates of September 7, 2005. The Board found that the earlier effective date was warranted due to new service department records received after a final decision.

The Board has granted service connection for rhinitis, but the issue of service connection for sleep apnea is remanded due to outstanding VA records and a need for further examination.

The Veteran's service-connected allergic rhinitis/sinusitis was not manifested by at least one incapacitating episodes per year of sinusitis; at least three non-incapacitating episodes per year of sinusitis characterized by headaches, pain, and purulent discharge or crusting; any sinus surgery, to include radical; constant sinusitis; nor allergic or vasomotor rhinitis with polyps or without polyps but with greater than 50 percent obstruction of nasal passage on both sides or complete obstruction on one side prior to October 9, 2013.,The Veteran's service-connected GERD was as likely as not manifested by at least mild symptomatology closely analogous for duodenal ulcer prior to October 9, 2013.

The Board determined that the Veteran's allergic rhinitis did not warrant a compensable rating, TMJ was not diagnosed or related to service, and bilateral hearing loss was not shown during service or within one year of separation. Therefore, these claims were denied.

The Board has remanded the case for further development due to inadequate opinions regarding rhinitis and its relation to service.

The Veteran's claim for service connection for an upper respiratory disability, to include sinusitis and rhinitis, is being remanded due to the need for additional development including obtaining VA treatment records, private medical records, and information regarding Social Security Administration (SSA) benefits. The Veteran must also be asked whether he is alleging that a respiratory disability, specifically sinusitis and rhinitis, is secondary to his service-connected headaches.

The Board has determined that additional development is needed to obtain the appellant's SSA records, military dependent treatment records, and medical opinions. The case will be remanded for these actions.

The Veteran's claim for an initial disability evaluation in excess of 10 percent for left knee patellofemoral pain syndrome and tricompartmental degenerative joint disease is pending before the Board. The issue of whether new and material evidence has been received to reopen his service connection claim for a sinus disorder was reopened, but service connection remains denied.

The Board has remanded the case due to incomplete service records and for additional development of the Veteran's claims.

The Veteran's service-connected disabilities render him unable to obtain and maintain substantially gainful employment prior to March 18, 2011.

The Board has granted service connection for bilateral hearing loss and tinnitus, finding that the Veteran's current disabilities are at least as likely as not related to his military service. The remaining claims of service connection for respiratory and psychiatric conditions have been remanded.

The Veteran's PTSD was rated at 30 percent from October 1, 2006 through June 14, 2016 and at 70 percent from June 15, 2016. The TDIU rating is granted.

The Board has remanded the case for additional development due to issues related to service connection and increased ratings.

The Veteran's claims for service connection have been dismissed due to the withdrawal of his attorney.,The Veteran's attorney withdrew from representation and thus, all appeals are dismissed.

The Veteran's claim for a higher rating for allergic rhinitis with sinusitis was granted, and a separate 10 percent rating for sinusitis prior to October 27, 2015. The current ratings for both conditions are maintained.

The Veteran's sinus and nasal disorders are not service-connected, while his prostate disorder is not shown to be related to service. His hearing loss does not warrant a compensable rating, and his abdominal scars do not meet the criteria for a higher rating.

The Veteran's appeal includes claims for various conditions and disorders, but the Board is remanding these cases due to procedural issues.