The Veteran's allergic rhinitis was rated noncompensable prior to January 25, 2018 and in excess of 10 percent thereafter. The Board found that the evidence did not support a compensable rating prior to January 25, 2018 due to lack of nasal obstruction or polyps.,The Veteran's tension headaches were rated noncompensable prior to December 15, 2016 and 30 percent thereafter. The Board found that the evidence supported a 30 percent rating based on the frequency of prostrating attacks.
The deciding factor: The VA examiner did not find any nasal obstruction or polyps in January 2018, which is required for a higher rating under Diagnostic Code 6522. The Veteran's private treatment records also did not indicate any nasal obstruction or polyps.,The private physician found that the Veteran had prostrating attacks of migraine headache pain once every month and non-migraine headache pain occurred once in two months, which meets the criteria for a 30 percent rating under Diagnostic Code 8100.
- Claimed conditions
- {"condition_name":"Allergic Rhinitis"}, {"condition_name":"Tension Headaches (formerly known as Dyssomnia)"}
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 21, 2019
- Citation
- 19148728
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
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