Allergic rhinitis Board decisions

The Board dismissed the appellant's appeals for restoration of ratings due to his request for withdrawal.

The Board has remanded the claims of service connection for right and left shoulder impingement syndrome due to a failure to obtain medical records from West Point. The Veteran's claim for sinusitis remains denied as there is no current diagnosis of chronic sinusitis.

The Veteran's claim for an earlier effective date of August 10, 2022 for the grant of service connection for allergic rhinitis was granted. The Board found that the Veteran met all eligibility criteria for the liberalized benefit on the effective date of the liberalizing law (PACT Act), which is August 10, 2022, and that such eligibility existed continuously from that date to the date of his claim on June 15, 2023. The Board denied service connection for sinusitis as there was no current diagnosis or evidence of a chronic condition at any time during the pendency of the claim.

The Veteran's appeals for increased disability ratings and service connection were dismissed due to concurrent election of review options.

The Veteran's claim for a compensable disability rating for allergic rhinitis was denied as the evidence did not show incapacitating episodes or non-incapacitating episodes meeting the criteria for a 10% rating.,The Veteran's claim for a higher rating for avascular necrosis of right femoral head, right superior labral tear, bilateral gluteal tendinosis, and impairment of the thigh was denied as the evidence did not show flexion limited to less than 20 degrees, which is required for a compensable rating.,The Veteran's claim for a higher rating for avascular necrosis of right femoral head, right superior labral tear, bilateral gluteal tendinosis, and limitation of thigh flexion was denied as the evidence did not show abduction limited to more than 10 degrees, which is required for a compensable rating.,The Veteran's claim for a compensable disability rating for dental injury loss of teeth was denied as his condition does not meet the criteria for any specific percentage rating under Diagnostic Code 9913.

The Veteran's allergic rhinitis is not rated as compensable, but service connection for fatty liver disease is granted.

The Veteran's appeal was dismissed because the Board Appeal request was not timely filed within one year of the rating decision, and no good cause for extension was provided.

The Board has remanded the claims for service connection due to a lack of VA examinations and medical opinions, as well as potential legal errors in previous decisions. The Veteran will have an opportunity to request another hearing or present additional evidence.

The Board dismissed the Veteran's appeals for a rating in excess of 20 percent for left knee tendonitis and tendinosis, denied entitlement to initial compensable ratings for allergic rhinitis and bilateral hearing loss, and remanded the issue of service connection for headaches.

The Veteran's claim for special monthly compensation (SMC) based on the need for regular aid and attendance was denied because he is not in need of such assistance due to his service-connected disabilities. The Board found that while the Veteran requires some help with daily activities, he does not meet the criteria for needing regular aid and attendance.

The Veteran's appeal for a higher rating for chronic rhinitis with history of tonsillitis and pharyngitis is remanded due to the need for an addendum opinion on the severity of her condition without medication, as well as the need to obtain missing VA records.

The Board has decided to remand the Veteran's claim due to a pre-decisional error in evaluating his service-connected disabilities and their impact on his employment. The AOJ will need to reassess these factors with an updated evaluation.

The Veteran's claims for service connection and increased ratings are being remanded due to duty-to-assist errors in the July 2024 VA examination reports.

The Veteran's claims for earlier effective dates for dermatophytosis, obstructive sleep apnea, right lateral collateral ligament sprain, fatigue (undiagnosed illness), rhinitis, and chronic sinusitis have been denied.,For dermatophytosis, the earliest date of record is June 1, 2023.,For obstructive sleep apnea, the earliest date of record is April 27, 2017.,For right lateral collateral ligament sprain, the earliest date of record is June 5, 2023.,For fatigue (undiagnosed illness), the earliest date of record is April 13, 2017.,For rhinitis and chronic sinusitis, the earliest date of record is August 10, 2022.

The Veteran's allergic rhinitis and chronic sinusitis were not found to meet the criteria for a compensable evaluation from September 7, 2022 and August 10, 2022 respectively.,Service connection was granted for GERD but denied for hypokalemia and OSA.

The Veteran's claim for service connection for allergic rhinitis prior to August 10, 2022 is being remanded due to a procedural error in the RO decision.

The Veteran's claims for increased ratings for chronic rhinitis, chronic sinusitis, and chronic bronchitis were denied as the evidence did not meet the criteria for a compensable rating under the applicable VA disability evaluation criteria.

The Board has denied the Veteran's claims for service connection for sinusitis and rhinitis due to a lack of current diagnoses during or proximate to the appeal period.

The Board denied service connection for OSA as secondary to PTSD and other service-connected conditions, finding no nexus between the appellant's OSA and his military service or any service-connected disabilities.

The Veteran's service connection claim for allergic rhinitis is granted due to exposure in the Southwest Asia theater of operations during the Persian Gulf War. Service connection for sinusitis is denied as there is no current disability.