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1,399 vetted Board decisions in 2024.
The Board has remanded the claims for service connection for sinusitis and allergic rhinitis due to a failure of the duty to assist in affording the Veteran a deficient examination. The examiner must reevaluate the likelihood that the conditions preexisted service using the more stringent 'clear and unmistakable' standard.
The Board denied service connection for rhinitis as there is no current diagnosis of the condition and the Veteran did not meet all elements required for service connection.
The Board has granted a higher initial rating of 50 percent for the Veteran's other specified trauma and stressor related disorder, effective from the date of death. Service connection for allergic rhinitis was denied due to lack of evidence linking the condition to service.
The rating reduction of the Veteran's service connected rhinitis from 10 percent to noncompensable was improper; accordingly, the 10 percent rating is restored effective March 4, 2021. The Board has also remanded for further examination and opinion regarding whether the Veteran has nasal polyps.
The Board has granted service connection for allergic rhinitis due to exposure to fine particulate matter under the presumptive provisions of 38 C.F.R. § 3.320, effective August 5, 2021. However, the Veteran's claim for a respiratory condition prior to this date is being remanded as there is insufficient evidence on direct service connection.
The Veteran's claim for a rating in excess of 10 percent for allergic rhinitis is denied.,Service connection for the low back disability and right shoulder osteoarthritis are both denied.
The Veteran's claims for increased ratings for left and right knee osteoarthritis, hypertension, and allergic rhinitis are being remanded due to the need for additional examinations to assess the severity of these conditions.,No effective date is provided as the appeal pertains to increased rating claims.
The Veteran's claim for service connection for chronic sinusitis and allergic rhinitis was granted, effective from June 1, 2000. The appeal regarding the August 2000 rating decision denying service connection for a nasal disability based on CUE is dismissed as moot.
The Veteran's service connection claims for migraines, sleep apnea, and allergic rhinitis have been granted. Additionally, the Veteran's 10% rating for allergic rhinitis has been restored.
The Veteran's service connection for allergic rhinitis is granted due to presumed exposure in the Southwest Asia theater of operations. The claim for migraine headaches is remanded as a VA medical opinion is needed.
The Board has granted service connection for allergic rhinitis, finding that the evidence is at least evenly balanced as to whether the Veteran's condition began during service.
The Veteran's TDIU claim is being remanded due to the need for further consideration, including a potential extraschedular evaluation.
The Veteran's PTSD is granted, and she is entitled to a non-compensable rating for her rhinitis. The issue of service connection for CFS remains pending as it requires further examination and opinion.,The Veteran has been diagnosed with PTSD due to in-service sexual trauma, and her rhinitis does not meet the criteria for a compensable rating.
The Board has denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) due to his service-connected disabilities, finding that they do not prevent him from obtaining or maintaining substantially gainful employment.
The appeal regarding the proposed reduction of the Veteran's rating for bronchitis with allergic rhinitis is dismissed.
Service connection is granted for allergic rhinitis and denied for a respiratory disability (other than allergic rhinitis) and dyspnea.
The Veteran's service-connected disabilities precluded him from securing and maintaining substantially gainful employment as of September 1, 2018. The Board granted earlier effective dates for TDIU and Dependents' Educational Assistance eligibility based on the evidence showing marginal employment due to his service-connected conditions.
The appeal of the right wrist disorder claim is dismissed. The claims for cervical and/or lumbar spine disorder, diabetes mellitus Type II (DM II), respiratory/pulmonary disorder other than asthma and allergic rhinitis, cholecystectomy disease, and body joint pain are all granted.
The Veteran's request to restore a disability rating of 30% for rhinitis effective August 1, 2020 is granted. The Board also finds that the Veteran is entitled to a disability rating in excess of 10% for sinusitis and remands this issue.
The Board has granted an earlier effective date of March 5, 2009 for the grant of service connection for sinusitis. The claim seeking an earlier effective date for a 10% rating for allergic rhinitis is remanded due to procedural errors.
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