Allergic rhinitis decisions — 2021

The Veteran's appeal of the AOJ's October 5, 2021 rejection of his VA Form 20-0996 for asthma on a presumptive basis was denied. The AOJ did not err in rejecting the form because it was not timely submitted.

The Board has denied the Veteran's claims for service connection for chronic rhinitis, sinus problems, lung spots, bilateral hearing loss, left lower extremity neuropathy, left upper extremity neuropathy, right upper extremity neuropathy, right ankle disorder, sleep apnea, and TBI.

The Board has denied an increased rating for the Veteran's lumbar spondylosis with degenerative disc disease and remanded his claims for allergic rhinitis, right leg radiculopathy/claimed as lumbar neuritis, and left leg radiculopathy/claimed as lumbar neuritis. The Veteran is required to provide updated VA examinations and a Statement of the Case concerning these issues.

The Board denied the Veteran's request for an earlier effective date of August 19, 2019, for his TDIU due to service-connected disabilities. The evidence did not show that he was unemployable prior to this date.

The Veteran's claims for service connection for obstructive sleep apnea, sinusitis, dizziness, rhinitis, headaches, and an acquired psychiatric disorder have been denied. The Board found that the evidence did not support a current diagnosis of these conditions.

The Veteran's claims for increased ratings for chronic sinusitis with headaches and allergic rhinitis, as well as the derivative TDIU claim based on his left eye disability, are being remanded due to incomplete development. The SOC has not been provided to the Veteran and his representative, and the referral of the TDIU claim to the Director of Compensation Service for extra-schedular consideration is required.

The Board has remanded the cases for further action due to incomplete service records, specifically those related to the Veteran's North Carolina Air National Guard duty.

The Veteran's appeal has been dismissed for the following issues: increased rating for allergic rhinitis, service connection for left leg disability, recurrent ovarian cyst, heart palpitations, and upper respiratory infection. The Veteran's psychiatric disabilities have been granted an increased rating of 100%.

The Veteran's claim for service connection for sleep apnea, which is secondary to his service-connected allergic rhinitis, has been remanded due to insufficient evidence in the previous opinion.

The Veteran's claims for increased ratings were granted. The 50 percent rating for migraine headaches was confirmed, the 40 percent rating for TMJ was restored to July 16, 2013, and service connection for sinusitis with an effective date earlier than April 30, 2012 was established.

The Board has remanded the claims for service connection for allergic rhinitis and sinusitis due to inadequate rationale in the most recent VA examination.

The Veteran's claims for service connection for chronic constipation, hemorrhoids, diabetes mellitus, gout, GERD, sinus disorder (including watery eyes), and sebaceous cyst have been dismissed. The Board found that the evidence did not support a direct nexus between these conditions and active service.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities, finding that his employment is not in a protected environment and he has not demonstrated marginal employment. The preponderance of evidence does not support the conclusion that his service-connected conditions prevent him from securing or following substantially gainful employment.

The Veteran's service connection claims for right ankle osteoarthritis, lumbar spine DJD with DDD, and right elbow injury were denied. However, the Veteran was granted service connection for a right knee disorder (arthritis) and right foot plantar fasciitis.

The Board has granted service connection for bilateral hearing loss but has remanded the issues of service connection for headaches and respiratory condition due to insufficient evidence.

Service connection for allergic rhinitis is granted.,An effective date prior to October 6, 2015 for the grant of service connection for right lower extremity radiculopathy and lumbar spine arthritis with lumbar spondylolisthesis (lumbar spine disability) is denied.,An effective date of March 28, 2008, and no earlier, for the grant of service connection for posttraumatic stress disorder (PTSD) is granted.,The Veteran's PTSD evaluation remains at 50 percent, with a remand to consider an increased rating.,The Veteran's lumbar spine disability remains at 10 percent, with a remand to consider an increased rating.,The Veteran's RLE radiculopathy remains at 20 percent, with a remand to consider an increased rating.,TDIU is granted based on service-connected disabilities.

The Board has remanded the case due to conflicting diagnoses and need for clarification regarding the relationship between sinusitis or allergic rhinitis and service.

The Veteran's claims for service connection have been reopened, but the Board has determined that additional development is needed to determine if these conditions are related to his military service.,The Veteran's claims for service connection remain in remand status and require further examination and opinion regarding their etiology.

The Veteran's service connection claim for rhinitis is granted due to exposure in the Persian Gulf. Service connection for chronic fatigue syndrome and cervical spine disability are denied.

The Board has denied service connection for reactive arthritis, asthma, and digestive disorder. The case is remanded to determine the nature and etiology of the Veteran's claimed allergic rhinitis.