Allergic rhinitis decisions — 2022

The Board has determined that the Veteran's allergic rhinitis disability should be rated at a higher level than currently assigned, and thus remanded for further action.

The appeal for an initial evaluation in excess of 10 percent for GERD is dismissed. The claims for service connection for chronic fatigue syndrome, digestive system disorder (IBS), respiratory disorder (rhinitis and sarcoidosis), and joint and muscle pain are reopened due to new and material evidence.

The Veteran's service connection claim for chronic sinusitis and allergic rhinitis, related to exposure to Agent Orange during her Gulf War service, has been granted.

The Veteran's combined disability evaluation is 10 percent disabling for service-connected tinnitus and allergic rhinitis. As his combined disability does not meet the minimum 30 percent threshold, he cannot be awarded additional dependency compensation benefits.

The Board has remanded the case due to incomplete records and the need for a new VA examination to determine if the Veteran's respiratory condition is related to service or secondary to his sleep apnea.

The Board has found that remand is needed due to new evidence added to the claim file and a request for waiver of AOJ review. The appeal will be returned to the AOJ for further consideration.

The Veteran's claims for increased ratings for allergic rhinitis and chronic rhinosinusitis, as well as pain disorder, are being remanded due to the need for additional medical examination and treatment records.

The Veteran's claim for a TDIU prior to June 22, 2019 is remanded due to the need for a retrospective medical opinion on her employability.

The Veteran's upper respiratory condition, including a medically unexplained chronic multi-symptom illness, is denied as there is no current diagnosis.,Service connection for rhinitis is granted based on the PACT Act presumptive conditions. The Veteran does not have direct service connection for this disorder.,Service connection for bilateral upper extremity radiculopathy and left lower extremity radiculopathy is granted as secondary to his service-connected cervical spine and lumbar spine disorders, respectively.,The Veteran's lower respiratory condition is denied due to lack of a current diagnosis.

Service connection is granted for allergic rhinitis and sinusitis, as the evidence does not show that these conditions were aggravated by service.

The Veteran's service-connected disabilities (obstructive sleep apnea, right shoulder disability, sinus headaches, allergic rhinitis, chronic sinusitis, and erectile dysfunction) prevent him from maintaining substantially gainful employment.

The Board has determined that there were pre-decisional duty to assist errors in the Veteran's claims for service connection for allergic rhinitis and chronic asthma, both of which are related to herbicide exposure. The case is being remanded to verify the Veteran's claim of burn pit exposure during service and to obtain additional medical opinions regarding the etiology of his conditions.

The Board has granted service connection for a nasal disability, including chronic rhinitis and sinusitis with post-nasal drip, finding that the Veteran's symptoms began during his active duty service.

The Veteran's service-connected conditions do not prevent her from obtaining and maintaining substantially gainful employment, as she is already in receipt of a combined 100% rating for the entire period on appeal.

The Board denied the Veteran's claim for special monthly compensation (SMC) based on the need for regular aid and attendance of another person due to his service-connected disabilities, as the evidence did not show that he was in need of such assistance primarily because of his service-connected conditions. The most persuasive evidence attributed his need for aid and attendance to a non-service-connected neurocognitive disorder/dementia.

The Veteran's right knee condition is granted as service-connected.,The Veteran's deviated septum claim is denied.

The Veteran's need for regular aid and attendance due to his service-connected disabilities has been granted, resulting in special monthly compensation based on aid and attendance.

The Board has decided to remand the cases for further development due to inadequate VA examinations and incomplete records. The Veteran's claims of service connection for right lower extremity radiculopathy, left lower extremity radiculopathy, and allergic rhinitis are being returned to the RO for additional evidence.

The Veteran's hypertension, asthma, and GERD are presumed to be due to herbicide exposure in Vietnam. The claim for service connection for allergic rhinitis is granted as new and material evidence has been received.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) prior to April 5, 2017 due to insufficient evidence showing that his service-connected disabilities prevented him from obtaining or maintaining substantially gainful employment.