Allergic rhinitis decisions — 2024

The Veteran's right and left knee disabilities, as well as pansinusitis and rhinitis, were granted service connection effective from September 23, 2019.,Pansinusitis and rhinitis are presumed to be related to the Veteran's military service in Kuwait.

The Veteran's appeals for increased ratings were denied. The Board found that the severity, frequency, and duration of his PTSD symptoms did not more closely approximate a higher rating than 50 percent. For sinusitis, the Board noted there was no evidence of incapacitating episodes or near constant sinusitis requiring bed rest and treatment by a physician. For allergic rhinitis, there is no specific rating assigned as it does not meet the criteria for any particular disability code.

The Veteran's appeal of the proposed decrease in disability rating for lumbosacral strain from 40% to 20% has been dismissed. The Board also remanded cases regarding increased ratings for chronic sinusitis and allergic rhinitis, as well as TDIU due to service-connected disabilities.

The Veteran's somatic symptom disorder, radiculopathy of the left and right lower extremities, tinnitus, allergic rhinitis (claimed as sinus condition), carpal tunnel syndrome of the right upper extremity, gastroenteritis, hemorrhoids, iliopsoas tendinitis of the right hip, irritable bowel syndrome, left ankle condition, left flatfoot, left knee condition, right ankle condition, right flatfoot, right knee, sleep apnea, and varicose veins of both lower extremities are all granted.,The Veteran's service connection claims for allergic rhinitis (claimed as sinus condition), carpal tunnel syndrome of the right upper extremity, gastroenteritis, hemorrhoids, irritable bowel syndrome, obstructive sleep apnea, and varicose veins of both lower extremities are remanded.

The Board has granted service connection for sleep apnea, rhinitis (sinus condition), and asthma, all presumed to be related to the Veteran's exposure to fine particulate matter during his service in the Southwest Asia theater of operations.

The Veteran's service connection claims for chronic spongiotic eczematous dermatitis (claimed as eczema) and chronic rhinitis are both granted due to presumed exposure to environmental toxins during Southwest Asia service.,Both conditions were found to be related to the Veteran's in-service exposures, with no need for a direct nexus.

The Veteran's TDIU claim is denied because she does not meet the schedular criteria for a TDIU based on a single service-connected disability, as her right hip disability alone does not qualify. The Board found that multiple of her service-connected disabilities contribute to her difficulty in maintaining substantially gainful employment.

The Board has remanded several issues for further development, including evaluations for various disabilities and service connection claims.

The Veteran's knee disabilities require regular assistance in accomplishing routine activities of daily living, leading to the grant of SMC at the aid and attendance rate. The issue of entitlement to SMC based on housebound status is moot.

The Veteran's claims for a compensable rating for allergic rhinitis and hypertension were denied. The Board found that the evidence did not support higher ratings under the applicable diagnostic codes, as there was no greater than 50-percent obstruction of the nasal passage or diastolic pressure predominantly 100 or more in the case of hypertension.

The Veteran's appeals for service connection and initial disability ratings have been dismissed due to the Veteran's written requests to withdraw all issues currently on appeal.

The Veteran's claim for allergic rhinitis was granted on a presumptive basis due to exposure to fine particulate matter, and the effective date is set at August 5, 2021. The appeal for an earlier effective date is denied.

The Veteran's claim for an effective date of February 1, 2018, but not earlier, for service connection for a back disability is granted. The Veteran also received increased ratings for various conditions and remanded issues.

The Veteran's rhinitis is granted service connection on a presumptive basis due to exposure to burn pits during his service in Iraq and Kuwait.

The Veteran's claims for service connection for degenerative arthritis of the lumbar spine, cervical spine, left shoulder (non-dominant), and non-allergic rhinitis with throat irritation were denied. The claim for left knee instability was granted with an effective date of January 12, 2007.,The Veteran's request for an earlier effective date for the grant of service connection for non-allergic rhinitis with throat irritation was dismissed due to lack of timely appeal and no new relevant evidence received within the applicable period.

The Veteran's claim for service connection for allergic rhinitis is being remanded due to a duty-to-assist error.

The Veteran's service connection for chronic rhinitis is granted due to exposure to burn pits during his service in Iraq and Kuwait. The Board also remanded the issue of increased rating for sinusitis.

The Veteran's service-connected disabilities prior to March 6, 2020, did not meet the schedular requirements for a TDIU. However, VA policy requires that all Veterans who are unable to secure and follow a substantially gainful occupation by reason of service-connected disabilities be rated totally disabled. The Board finds remand necessary to refer the claim to the Director of Compensation Service for extraschedular consideration.

The Veteran's claim for service connection for an acquired psychiatric disorder, initially claimed as PTSD, is granted. The claims of service connection for sleep apnea, a respiratory disorder, a digestive disorder, and a cervical spine disorder are remanded.

The Veteran's appeal for a compensable disability rating for allergic rhinitis is denied, and the appeal for service connection for sinusitis is remanded.