Allergic rhinitis decisions — 2022

The Veteran's initial compensable rating for rhinitis prior to June 1, 2022, and more than a 10 percent rating thereafter is denied.,The Veteran's sinusitis claim with a higher rating after June 28, 2016, is also denied.

The Veteran's claim for service connection for chronic sinusitis and rhinitis is granted. The Board finds that the Veteran was exposed to burn pits during his service in Southwest Asia, qualifying him for presumptive service connection under VA regulations.

The Veteran's claims for initial ratings in excess of 30 percent for sinusitis and a compensable rating for allergic rhinitis are being remanded due to the failure to notify him of scheduled VA examinations.

The Board has granted service connection for allergic rhinitis and chronic sinusitis, but has remanded the issues of service connection for a lumbar spine disorder and a skin rash other than PFB to obtain additional evidence and opinions.

The Veteran's claims for breathing difficulties, Chronic Fatigue Syndrome, and neurological symptoms are being remanded due to the submission of new evidence. The upper back disability claim is also being remanded.

The Board has reopened the Veteran's claims for service connection for bilateral hearing loss, tinnitus, allergic rhinitis (claimed as allergies), asthma, sleep apnea, heart disability, kidney disability, and anemia due to new evidence received since the January 1995 rating decision. The issues of service connection are remanded for further development.

The Board has remanded the Veteran's claims for initial compensable evaluations for headaches and vasomotor rhinitis, as well as service connection for muscle aches including fibromyalgia pain, rectal bleeding, and an epigastric and/or gastrointestinal disability. The issues have been referred to the AOJ for adjudication of the sinusitis claim.

The Board has remanded the claims of service connection for hypertension, reopening of service connection for early menopause, compensable ratings for hemorrhoids and allergic rhinitis due to missing or incomplete treatment records.

The Board has determined that additional development is needed to obtain the Veteran's private treatment records and to provide him with a VA examination for his bilateral hearing loss, ingrown toenails, heart condition, digestive disability (gastroenteritis), periodontal disease, liver condition, left lower extremity sciatica, major depressive disorder with insomnia and traumatic brain injury (TBI), DJD of the thoracolumbar spine, right hand DJD, allergic rhinitis, hypertension, residual scars of the right eyebrow, and residual scars of the left upper and forearm. The Veteran's claims for service connection are remanded.

The Veteran's allergic rhinitis is not manifested by polyps or greater than 50 percent obstruction of the nasal passage on both sides. The claim for a compensable rating for allergic rhinitis is denied.,For the entire period on appeal, the Veteran's left shoulder tendonitis more closely approximates objective pain with range of motion, and range of motion less than 25 degrees from the side. This is the maximum rating under the Diagnostic Code. The claim for an initial compensable rating for left shoulder tendonitis is denied.,The criteria for an initial rating in excess of 30 percent for left shoulder tendonitis, from December 22, 2021, have not been met. The claim for a higher rating for left shoulder tendonitis is denied.,The Veteran's service-connected right knee patellofemoral syndrome is manifested by slight lateral instability. The criteria for an initial compensable rating for right knee patellofemoral syndrome, limitation of extension, are not met. The claim for a higher rating for right knee patellofemoral syndrome, limitation of extension, is denied.,The Veteran's service-connected right knee patellofemoral syndrome is manifested by slight lateral instability. The criteria for a separate 10 percent rating, but no higher, for right knee instability are met. The claim for a separate rating for right knee instability is granted.

The Board denied the Veteran's claim for service connection for a sinus disability, finding that there was no credible evidence linking his current symptoms to mustard gas exposure during service.

The Veteran's claims for increased ratings and service connection are being remanded due to the addition of new evidence. The SSOC will consider all submitted evidence before a final decision is made.

The Board has determined that additional VA examinations are needed to assess the current severity of the Veteran's allergic rhinitis and sinusitis conditions, dermatitis and tinea versicolor (claimed as chronic skin rash), lumbosacral strain with degenerative arthritis and degenerative disc disease, left lower extremity radiculopathy (sciatic nerve), left lower extremity radiculopathy (femoral nerve), right lower extremity radiculopathy (femoral nerve), and right lower extremity radiculopathy (sciatic nerve).

The Board granted service connection for skin rashes and allergic rhinitis/chronic sinusitis as secondary to the Veteran's service-connected non-Hodgkin's lymphoma, but denied a compensable disability rating for his non-Hodgkin's lymphoma from July 1, 2009.

The Board has remanded the Veteran's claims for service connection for left and right knee conditions, bilateral eye condition, and initial compensable rating for allergic rhinitis due to inadequate medical opinions regarding their etiology.

The Veteran's right hip, left hip, right knee, and left knee disorders are all granted service connection.,The Veteran's low back disorder is also granted service connection.

The Veteran's pending appeals for increased ratings and earlier effective dates are still pending. The TDIU issue must be readjudicated after these appeals are resolved.

The Board has decided to remand the cases for additional development due to changes in the Veteran's PTSD symptoms and need for updated treatment records. The Veteran's allergic rhinitis case also requires further examination without considering the effects of medication.

The Veteran's initial compensable rating for allergic rhinitis from January 9, 2017 is denied. The Veteran's claim for a rating in excess of 30 percent for migraine headaches and entitlement to SMC based on aid and attendance are both remanded.

The Veteran's claims for service connection for right lung disability, fatty liver disease, allergic rhinitis, low back strain with osteoarthritis of the lumbar spine, and sciatic nerve radiculopathy are denied. The Veteran's claim for Schamberg's disease of the feet is also denied. Service connection for kidney disability (claimed as renal dysfunction) is remanded.