Service connection for allergic rhinitis is granted.,An effective date prior to October 6, 2015 for the grant of service connection for right lower extremity radiculopathy and lumbar spine arthritis with lumbar spondylolisthesis (lumbar spine disability) is denied.,An effective date of March 28, 2008, and no earlier, for the grant of service connection for posttraumatic stress disorder (PTSD) is granted.,The Veteran's PTSD evaluation remains at 50 percent, with a remand to consider an increased rating.,The Veteran's lumbar spine disability remains at 10 percent, with a remand to consider an increased rating.,The Veteran's RLE radiculopathy remains at 20 percent, with a remand to consider an increased rating.,TDIU is granted based on service-connected disabilities.
The deciding factor: The preponderance of the evidence demonstrates that allergic rhinitis was due to burn pit exposure while serving in Iraq. Service connection for asthma, rhinitis, and sinusitis, to include rhinosinusitis, shall be service-connected even though there is no evidence of such disease during the period of service if it becomes manifest to any degree (including noncompensable) within 10 years from the date of separation from military service that includes a qualifying period of service in Southwest Asia during the Persian Gulf War.,The only issue for resolution is whether the allergic rhinitis manifested within 10 years from the date of separation from military service. Private medical records note a diagnosis of allergic rhinitis on August 12, 2010, well within 10 years from April 2006.,The effective date for the grant of service connection is fixed in accordance with the facts found and will not be earlier than the date of receipt of the claim or the date entitlement arose, whichever is later. The effective date for the grant of service connection for PTSD is March 28, 2008.,The Veteran's lumbar spine disability was related to active duty as evidenced by a November 2015 VA examination opinion.,The effective date for the grant of service connection for lumbar spine disability and RLE radiculopathy is fixed in accordance with the facts found and will not be earlier than the date of receipt of the claim or the date entitlement arose, whichever is later. The effective date for the grant of service connection for lumbar spine disability and RLE radiculopathy is October 6, 2015.,The Veteran's PTSD evaluation remains at 50 percent, with a remand to consider an increased rating.,The Veteran's lumbar spine disability remains at 10 percent, with a remand to consider an increased rating.,The Veteran's RLE radiculopathy remains at 20 percent, with a remand to consider an increased rating.
- Claimed conditions
- allergic rhinitis, lumbar spine arthritis with lumbar spondylolisthesis (lumbar spine disability), PTSD
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Burn pits / airborne hazards
- Rating assigned
- None in this decision
- Decision date
- December 23, 2021
- Citation
- 21076311
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 21076311.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board of Veterans' Appeals has granted service connection for PTSD and Mood Disorders, both presumed conditions under the PACT Act.
- Partly granted
The Board has not made a final determination on the claims of service connection for inguinal hernia, PTSD, joint pain, fibromyalgia, left knee disability, right knee disability, tinnitus, chronic fatigue syndrome, respiratory disability, sleep disorder, IBS, and headaches. The claims are remanded to obtain additional evidence and determine if these conditions are related to service.
- Granted
The Veteran's claim of service connection for PTSD was granted with an initial evaluation of 50 percent, effective September 24, 2007. The appeal regarding the heart condition and sleep disorder is denied. The Veteran's hearing loss prior to August 24, 2015, warrants a 20 percent rating.
- Dismissed
The Veteran's appeals for service connection for asthma and a 10 percent rating based on multiple noncompensable service-connected disabilities were dismissed. The claim of entitlement to a compensable rating for eczema was denied, while the claim of entitlement to allergic rhinitis was not addressed as it pertained to different issues.
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