Allergic rhinitis decisions — 2022

The Veteran's service connection for allergic rhinitis and restoration of a 10% rating for sinusitis are granted, with the maximum (50%) rating for sinusitis also being granted.

The Veteran's asthma, allergic rhinitis, and chronic obstructive pulmonary disease are granted as they are presumed to be related to his service in the Southwest Asia theater of operations. The lower back condition is remanded for further examination.

The Board has granted service connection for sinusitis, allergic rhinitis, asthma, and COPD, finding that these conditions are related to the Veteran's active duty service due to exposure to Agent Orange.

The Veteran's claims of service connection for irritable bowel syndrome, sinus disorder, GERD, hysterectomy (previously claimed as fibroid tumors), PTSD and adjustment disorder with mixed anxiety and depression, and alopecia have been granted. The appeal was dismissed for the issue of a disability rating in excess of 30 percent for irritable bowel syndrome.

The Board has remanded the case due to non-compliance with previous directives and the need for additional VA treatment records.

The Veteran's claims for service connection were denied. The claim for chronic fatigue syndrome was not reopened, and the others (allergic rhinitis, vertigo, GERD, muscle and joint pain, fibromyalgia, skin rash, and neurological problems) were also denied. A rating higher than 70 percent for persistent depressive disorder was denied.

The Veteran withdrew his appeals for laryngitis, sinusitis, and allergic rhinitis with a deviated septum. The Board dismissed the appeal due to the withdrawal.

The appeal for service connection for atopic dermatitis is dismissed. The appeals for sinusitis, left knee disorder, left hip impingement syndrome, allergic rhinitis, pes planus, right hand sprain, and right hamstring strain are all remanded for additional development.

The Veteran's appeals for increased ratings for LEFT shoulder rotator cuff tendonitis with AC joint osteoarthritis, LEFT ring finger limitation of motion, and a LEFT wrist scar have been dismissed.,The Veteran's appeals for an initial rating greater than 0 percent for a RIGHT chest scar (status post cyst removal), secondary service connection for erectile dysfunction, and service connection for insomnia / sleep disorder have been granted.,The Veteran's appeal for service connection for PTSD with associated anxiety has been granted.,The Veteran's appeal for service connection for deviated nasal septum from a broken nose has been denied due to aggravation of a pre-existing condition.,The Veteran's appeals for secondary service connection for insomnia / sleep disorder and erectile dysfunction have been granted.

The Veteran's appeals for service connection for sleep apnea, erectile dysfunction (ED), alopecia, pseudofolliculitis barbae, left shoulder osteoarthritis, left elbow tendonitis, neck pain, hypertension (HTN), and rhinitis were dismissed. The Board found that the Veteran withdrew his appeal of these claims before the decision was promulgated.

The Board denied service connection for various conditions, including bilateral hearing loss, tinnitus, erectile dysfunction, benign prostatic hypertrophy, memory disorder, generalized anxiety disorder, major depressive disorder, lumbar spine disability (chronic low back pain), chronic cervical strain, allergic rhinitis, gastrointestinal disabilities, colon diverticulosis, and degenerative joint diseases of multiple joints. The Board found no evidence to support service connection for any of these conditions.

The Board has remanded the case due to inadequate development of evidence, particularly regarding a December 2019 VA medical opinion. The Veteran is entitled to a new VA examination to determine if she has had chronic sinus disorders at any time since November 2013 and whether such conditions are related to service.

The Board denied service connection for a sinus disorder, denied compensable ratings for allergic rhinitis and GERD with IBS, and denied increased ratings for GAD with bruxism and ADHD. The Veteran's GAD with bruxism and ADHD was granted a 30 percent rating from July 20, 2020 to December 22, 2020.

The Board has remanded the cases of sinusitis and allergic rhinitis for further development due to insufficient explanations in the VA examiner's opinion regarding the onset and etiology of these conditions.

The Veteran's service-connected disabilities do not meet the criteria for a TDIU as he has not provided necessary employment information and there is insufficient evidence to determine his ability to secure or follow substantially gainful employment.

The Veteran's service-connected disabilities other than major depressive disorder have not caused significant occupational impact which would warrant TDIU prior to September 16, 2019. From September 16, 2019, the grant of a 100 percent rating for major depressive disorder and assignment of SMC renders the issue of entitlement to TDIU moot.

The Board has remanded the Veteran's claims for service connection for allergic rhinitis with nasal polyps and COPD due to new evidence received since previous decisions. The claims are now pending for further examination and opinion.

The Board has decided to remand the claims for service connection for allergic rhinitis and an increased rating for maxillary sinusitis due to a lack of a VA examination. The Veteran was not given a chance to attend a scheduled VA examination, which is necessary to determine if her conditions are related to her military service.

The Board denied service connection for a respiratory condition, including sinusitis, allergic rhinitis, bronchitis, and COPD. For the period prior to May 30, 2002, entitlement to TDIU was also denied. From May 30, 2002, to February 28, 2016, entitlement to extraschedular TDIU was granted.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities, finding that her service-connected conditions alone do not render her unable to secure or follow substantially gainful employment.