The Veteran's claim for a compensable initial rating for allergic rhinitis was denied.,Effective dates of October 3, 2011 were granted for the service connection of radiculopathy of the right and left lower extremities.,The claims for increased ratings for lumbar spine discogenic disease, cervical strain, and bilateral lower extremity radiculopathy are being remanded.
The deciding factor: The Veteran's allergic rhinitis did not meet the criteria for a compensable rating as there were no findings of polyps, greater than 50 percent obstruction of nasal passage on both sides, or complete obstruction on one side.,The effective dates were determined based on when the claims were filed and when entitlement to benefits arose. The Veteran's radiculopathy claims are part of his lumbar spine claim.,VA examinations did not comply with VA regulations as they failed to assess functional loss due to flare-ups.
- Claimed conditions
- Allergic rhinitis, Radiculopathy of the right lower extremity, Radiculopathy of the left lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 12, 2020
- Citation
- 20032885
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 20032885.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied extraschedular ratings for the Veteran's service-connected lumbar spine and lower extremity radiculopathy disabilities, as well as a total disability rating based on individual unemployability prior to February 3, 2011.
- Remanded (sent back)
The Board has determined that there was a duty to assist error and remands the case for further development. The Veteran contends his allergic rhinitis began during service, but VA medical opinions have found no link between his current condition and service.
- Partly granted
The Veteran's appeal for an effective date prior to February 5, 2024, for a 10 percent evaluation of allergic rhinitis was denied. The Veteran also appealed for a higher rating for his allergic rhinitis and this was denied as well.,The Veteran's PTSD with TBI claim is remanded due to inadequate medical examinations.
- Denied
The Veteran's appeal for higher ratings for GERD and allergic rhinitis was denied. The Board found that the evidence did not support a rating in excess of 10 percent for GERD, as there is no documented history of recurrent esophageal stricture causing dysphagia requiring daily medications or dilatation more than once per year. For allergic rhinitis, the Veteran's symptoms were not severe enough to warrant a compensable rating due to lack of polyps and obstruction.
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