Allergic rhinitis Board decisions

The Board dismissed the appeals as untimely due to failure to file a proper Notice of Disagreement within one year from the date of the March 2019 rating decision.

The Board has remanded the claims for service connection for sinusitis, allergic rhinitis, and chronic asthma due to a duty to assist error in obtaining a VA examination. The Veteran's exposure to burn pits during service is relevant to his claims.

The Veteran's appeal for service connection for allergic rhinitis was dismissed because the Notice of Disagreement (Form 10182) was not filed within one year from the April 2013 rating decision.

The Veteran's claim for service connection for tinnitus has been denied due to the lack of evidence showing current tinnitus.,Service connection for obstructive sleep apnea has been withdrawn and dismissed as per the Veteran's request.

The Veteran's claim for an initial compensable rating for allergic rhinitis is remanded due to the need for a medical opinion addressing the severity of her condition without considering the beneficial effects of medication.

The Veteran's claim for an effective date earlier than August 10, 2022 for service connection for rhinitis was denied as there is no evidence of continuous pursuit prior to July 21, 2023.,The Veteran's claim for a higher initial rating for rhinitis was also denied as the evidence does not support a finding that his rhinitis manifested with polyps or greater than 50 percent obstruction of nasal passage on both sides.

The Board dismissed the appeal of the Veteran's claim for service connection for tuberculosis as the Notice of Disagreement was not timely filed.

The Veteran's claims for bilateral flatfoot and GERD have been dismissed as they are not addressed in the rating decisions on appeal.,The Veteran's claim for a higher disability rating for allergic rhinitis has been denied, with a current 10% rating assigned.

The Board has remanded the Veteran's claims for service connection for a low back condition, rhinitis, diverticulitis, and gastroesophageal reflux disease (GERD) due to pre-decisional duty to assist errors. The AOJ is required to obtain medical opinions on these issues.

The Veteran's claims for initial compensable ratings for chronic sinusitis and allergic rhinitis have been denied as the evidence does not meet the criteria for a compensable rating under the applicable VA rating criteria.

The Veteran's rhinitis with nasal polyps is currently rated at 30 percent, the maximum schedular rating available.,The Veteran's left eye lacrimal duct condition results in unilateral dry eye syndrome and does not warrant a higher rating as it affects only one eye.,Bilateral hearing loss is currently rated at zero percent (noncompensable), with puretone thresholds of 40-50 dB in both ears.

The Veteran's claim for an increased rating in excess of 10 percent for sacroiliac strain, right hip is denied.,The Veteran's claim for an initial compensable rating for allergic rhinitis is remanded.

The Veteran's claim for an increased rating for allergic rhinitis has been dismissed as the Veteran withdrew her appeal during a hearing before the Board.,The Veteran's claim for service connection for GERD is remanded and will be reconsidered with a new examination.

Service connection for sinusitis is denied.,The Veteran's claim for an earlier effective date for service connection for rhinitis and hypertension has been denied, with the awards being granted on May 15, 2023.

The Veteran's service-connected PTSD is found to cause his headaches, and the Veteran's allergic rhinitis is granted a non-compensable rating. The Veteran's intervertebral disc syndrome remains at a 10 percent rating, but the issue of an increased disability rating for this condition is remanded. Service connection for sleep apnea is also remanded.

The Veteran's claim for service connection for high cholesterol is denied as it does not meet the criteria for a disability under VA regulations.,Service connection for bilateral hearing loss is also denied because the evidence does not show the presence of a current disability that meets the definition of a hearing loss disability under VA regulations.,The Veteran's vertigo has been granted service connection, with the Board finding it plausible that his symptoms began during service and have continued since then.,Service connection for allergic rhinitis is granted but an increased rating beyond 10 percent is denied as there are no polyps present. The current disability more nearly approximates a 10 percent rating based on hypertrophy of the nasal turbinates.,The Veteran's claim for higher ratings for tendonitis of the right and left wrists remains denied, with the Board finding that the evidence does not support ankylosis or loss of use of the hands.,The Veteran's claim for higher ratings for tendonitis of the right and left wrists remains denied, with the Board finding that the evidence does not support ankylosis or loss of use of the hands.

The Veteran's appeal is remanded due to outstanding medical records for his service-connected conditions and new claims.

The Veteran's appeal of the issue of entitlement to service connection for degenerative joint disease of the cervical spine, left foot eczema (claimed as left foot condition), and right foot eczema (claimed as right foot condition) has been dismissed.,The Veteran's appeal of the issue of entitlement to an initial rating of 10 percent, but no higher, for allergic rhinitis has been granted.

The Board has denied the Veteran's claim for a total disability rating based on individual unemployability due to his service-connected disabilities, finding that they do not preclude him from securing or maintaining substantially gainful employment.

The Board has granted restoration of a 20% disability rating for lumbosacral strain, effective October 28, 2023. The claim for service connection for respiratory disabilities including obstructive sleep apnea and allergic rhinitis is remanded.