Allergic rhinitis decisions — 2023

The Veteran's service connection claims for allergic rhinitis, left thumb laceration residuals, and other lower extremity disabilities have been granted. The Board has also remanded the Veteran's increased rating claims and requests for compensable ratings for his service-connected scars and migraines.

The Veteran's claims for bilateral hearing loss, jaw disorder (TMJ), and sinus condition other than allergic rhinitis have been denied as there is no evidence of current disabilities meeting the criteria for service connection.

The Veteran's claim for service connection for bronchitis is denied. The Board found no current diagnosis of the condition and no evidence linking it to military service.,The Veteran's claim for presumptive service connection for vasomotor rhinitis due to burn pit exposure in Afghanistan is granted based on the PACT Act. The claim will be further reviewed after addressing prior decisions.,The Veteran's claim for service connection for right shoulder strain remains pending and requires additional review considering a fellow servicemember's statement.

The Board has denied service connection for chronic rhinitis and chronic sinusitis, finding that the evidence does not support a link to active service or exposure to herbicides.

The Board has remanded the Veteran's claims for obstructive sleep apnea and loss of sense of smell with bleeding, to include due to allergic rhinitis, as there were errors in the pre-decisional duty to assist. The Veteran is required to be provided VA examinations to determine the nature and etiology of his claimed disabilities.

The Board has remanded the case due to a Joint Motion for Remand (JMR) issued by the Veteran's representative and the VA Office of the General Counsel. The JMR requested that the Board address the issue of SMC based on the need for regular aid and attendance, including evidence provided during the December 2021 hearing where the Veteran's spouse stated he cannot be around bodies of water without being reminded.

The Board has remanded the claims of service connection and initial compensable rating for allergic rhinitis, back condition, headaches, and mouth condition due to additional evidence being added to the record.

The Veteran's right knee disability, tinnitus, allergic rhinitis (presumed), and obstructive sleep apnea are all granted service connection. The specific nature of the other specified depressive disorder is denied.

The appeal seeking a compensable rating for allergic rhinitis is dismissed. The Board has also remanded the issues of service connection for PTSD and unspecified anxiety disorder, sleep disturbances including obstructive sleep apnea, and headaches.

The Veteran's claim for a compensable rating for his deviated nasal septum is denied as the evidence does not show at least 50 percent obstruction of both nasal passages or complete obstruction on one side.

The Veteran's right lower extremity radiculopathy and TDIU were granted. The appellant is eligible to receive attorney fees based on the past-due benefits awarded in September 2018.

The Veteran's left knee disability was not caused or aggravated by her service-connected right knee disorder.,The Board has remanded the issue of whether the Veteran's service-connected allergic rhinitis aggravates her diagnosed asthma.

The Board has remanded the claims for service connection for sinusitis and rhinitis, finding that a direct service connection opinion was not obtained due to a pre-decisional duty to assist error. The appellant's current sinusitis and rhinitis are also being examined in relation to his conceded TERA exposure during service in Vietnam.

The Board has remanded the case due to insufficient evidence regarding the onset and relationship of the Veteran's allergy disability to service. The Veteran was seen for allergic complaints during active service, but there is no direct evidence linking his current condition to service.

The Board has dismissed the claim for a compensable evaluation for scar, fibrosis of the left cheek above the upper lip. The remaining issues have been remanded: right knee disability, prostate disability (including prostatitis (BPH), chronic epididymitis, urinary dysfunction), chronic sinusitis (including allergic rhinitis), and chronic bronchitis (including asthma).

The Board has granted service connection for allergic rhinitis from November 9, 2014 on a non-PACT Act basis due to the Veteran's preexisting condition being aggravated by in-service toxic exposure risk activities.

The Veteran withdrew her appeals for service connection for various conditions, including plantar fasciitis with pes planus, sinusitis, left varicose veins, right varicose veins, allergic rhinitis, and bilateral hearing loss. As a result, the appeal is dismissed.

The Veteran's service-connected cervical strain is currently rated at 20 percent. The Board denied a higher rating, finding that the evidence did not support such an increase.

The Board has decided to remand the case due to an inadequate VA examination and a need for a new etiology opinion regarding the Veteran's sinus disability.

The Board has dismissed the Veteran's claims for service connection for a right eye disability and total disability rating based on individual unemployability (TDIU). The Veteran's claim for service connection for a knee disability is remanded, as are his claims for service connection for a chest/congestion disability due to asbestos exposure. The PACT Act requires VA to obtain a medical opinion regarding the etiology of these disabilities.