Allergic rhinitis decisions — 2020

The Veteran's SMC claim is remanded as the VA has not conducted an examination to determine his daily personal assistance needs attributable solely to his service-connected disabilities. The case will be returned for further development.

The Veteran's claim for service connection for vasomotor rhinitis is granted, but his claim for shortness of breath remains denied.

The Veteran's claim for a compensable disability rating for service-connected allergic rhinitis is being remanded due to the addition of new VA treatment records since the last decision.

The Board has determined that the Veteran's claims for service connection of various disabilities, including knee and ankle conditions as well as sinusitis and allergic rhinitis, require additional medical examination to determine their etiology.

The appeal seeking an increased rating greater than 50 percent for service-connected migraine headaches is dismissed.,The appeals seeking an increased ratings for left and right ankle limitations of motion, tinnitus, and allergic rhinitis (claimed as sinusitis) are dismissed.,An extraschedular total disability rating due to individual unemployability (TDIU) is granted solely due to the Veteran’s service-connected migraine headaches and residuals of a traumatic brain injury, subject to the laws and regulations governing the award of monetary benefits.

The Veteran's ulcerative colitis, pancreatic disability, upper respiratory conditions, and lung disability are all remanded for further development.,Additional medical records must be obtained to support the Veteran’s claims.

The Board has granted service connection for the Veteran's respiratory disorder, specifically asthma and rhinitis, finding that it is at least as likely as not related to his active duty service.

The Veteran's claims for increased ratings for migraine headaches and TDIU were denied. The Board found that the Veteran did not meet the criteria for a compensable evaluation for his migraines prior to April 5, 2019, or an evaluation in excess of 30 percent beginning April 5, 2019. For TDIU, the Veteran's service-connected disabilities combined to at least 40 percent disabling but did not render him unable to secure or follow a substantially gainful occupation.

The Veteran's claim for an increased rating for mild allergic rhinitis and individual unemployability (TDIU) has been denied. The Board found that the Veteran’s service-connected disabilities did not meet the schedular requirements for TDIU, as his combined rating was 20 percent, which is less than the required 70 percent when considering all of his disabilities together. Additionally, there was no evidence to support a finding that the Veteran's service-connected conditions alone precluded him from securing and following substantially gainful employment.

The Board has remanded the Veteran's claims for bilateral hearing loss, allergies, and a headache disability due to incomplete records and need for additional medical opinions. The claims are being returned to VA for further development.

The Board has remanded the cases of sleep apnea and allergic rhinitis for additional development to address the Veteran's lay statements regarding in-service onset and continuity of symptoms.

The Board denied the Veteran's claim for a TDIU, finding that his service-connected disabilities do not render him unable to secure or follow substantially gainful employment.

The Veteran's service-connected disabilities, including PTSD and sleep apnea, have rendered him unable to secure or maintain gainful employment for the period from November 20, 2014 to September 24, 2015. The Board has granted TDIU based on this evidence.

The Veteran was previously denied TDIU for the period prior to March 26, 2009 due to lack of schedular criteria. The Board found that his service-connected disabilities did not preclude him from engaging in gainful employment during this time.,For the period from March 26, 2009 to September 11, 2012, the Veteran was granted TDIU as his service-connected disabilities rendered him unable to secure or follow a substantially gainful occupation.

The Veteran's sinusitis with headaches is granted as secondary to his service-connected residuals of nasal fracture. The claim for reopening service connection for a lumbar spine disability is also granted.

The Veteran's bilateral pes planus is granted as service-connected due to aggravation during service.,An initial compensable rating for genital herpes, allergic rhinitis, and bronchitis are remanded. The right and left foot plantar fascitis claims are also remanded.

The Veteran's service-connected disabilities, including sleep apnea, asthma, chronic recurring sinusitis, allergic rhinitis, dysautonomia, and chronic headaches, rendered him unable to secure or follow a substantially gainful occupation. The Board granted the claim for TDIU.

The Veteran's claim for an increased rating for intervertebral disc disease was denied. Service connection claims for eye condition, hypertension, rhinitis, and allergic dermatitis were also denied.

The Board denied initial, compensable disability ratings for allergic rhinitis and sinusitis as there was no evidence of more than 50% obstruction of nasal passages or polyps for allergic rhinitis, and no incapacitating episodes of sinusitis.

The Board has found that additional development is needed for the Veteran's claims, including verifying his service history and obtaining medical records. The claims are being remanded to allow for these steps.