Allergic rhinitis decisions — 2010

The Veteran's appeal is being remanded for additional development of his service records and for examinations to determine the nature and etiology of his claimed disabilities.

The Board found that the Veteran does not have a right ankle disorder, right shoulder disability, sinusitis, or chronic disabilities involving joint pain of his wrists, elbows, knees and ankles due to disease or injury incurred in service. However, it is just as likely as not that the Veteran's allergic rhinitis is related to his military service.

The Board has determined that the evidence received since the final August 2004 rating decision is not new and material, and therefore, the claims of entitlement to service connection for conjunctivitis and allergic rhinitis are not reopened.

The Veteran's cause of death was not service-connected as the underlying condition did not arise from his military service.

The Board denied the Veteran's claims for higher initial ratings for allergic rhinitis and chronic sinusitis, finding that the evidence did not meet the criteria for a higher rating under the applicable VA rating schedule.

The Veteran's respiratory disorder (asthma) is found to have been incurred in service, and the Board grants service connection for this condition. The remaining issues on appeal are addressed in the REMAND portion of the decision.

The Board has granted a 40 percent evaluation for the Veteran's lumbar spine disability, effective August 17, 2009.

The Board denied the Veteran's claims for service connection for postnasal fracture with scar, speech disorder, and allergic rhinitis due to lack of evidence showing a causal relationship between these conditions and his military service.

The Board has determined that the Veteran's allergic rhinitis and left shoulder rotator cuff tendonitis are service-connected, with no issues related to exposure basis or presumption.

The Veteran's appeals for increased ratings and earlier effective dates have been denied. The Board found that the Veteran did not meet the criteria for a compensable rating prior to January 23, 2009 or a rating in excess of 10 percent at any time for his basal cell carcinoma with actinic keratoses.

The Veteran's service-connected lupus, rheumatoid arthritis, and osteopenia have been evaluated based on their combined effect. The claims for higher initial ratings for various joints are denied as the evidence does not meet the criteria for a higher rating at any point during the appeal period.

The Veteran's initial evaluations for hypertension and allergic rhinitis have been increased to 10 percent effective May 1, 2004. The Board has remanded the issue of higher initial evaluations for these conditions.

The Veteran's additional disabilities, including rhinitis, sinusitis, and trigeminal neuralgia, are not deemed to be caused by VA care or treatment. The removal of her right ovary is considered a reasonably foreseeable result of having a cyst on the ovary.

The Veteran's service-connected allergic rhinitis, post-operative, did not meet the criteria for a compensable evaluation prior to July 23, 2008 and does not meet the criteria for an initial evaluation in excess of 10 percent after that date.

The Veteran's appeal is being remanded for further development and consideration of his service connection claims, including a VA examination to determine the onset of any current allergic rhinitis or headaches. The TDIU claim is also being remanded due to its interdependence with the service connection claims.