Allergic rhinitis decisions — 2020

The Veteran's respiratory disabilities, including COPD and other conditions, are remanded for further examination to determine their etiology. The examiner must consider the Veteran's in-service exposure to asbestos at Fort Brag, Fort Dix, and Erlinger, Germany.

The Veteran's allergic rhinitis and sinusitis have been granted service connection with respective ratings of 10 percent for allergic rhinitis and 30 percent for sinusitis.

The Veteran's service-connected Meniere's disease is granted an initial 60 percent rating effective prior to December 19, 2019.,The Veteran's service-connected GERD is granted an initial 30 percent rating effective December 19, 2019.,The Veteran's service-connected left knee strain is granted an initial 20 percent rating effective December 19, 2019.,The Veteran's service-connected allergic rhinitis does not warrant a compensable rating.

The Veteran's claims of service connection for respiratory conditions, including as due to exposure to herbicide agents, and an acquired psychiatric disorder were denied. The Board found no evidence linking the claimed conditions to active duty service or exposure to herbicide agents.

The Veteran's service-connected disabilities did not meet the schedular rating requirements for a TDIU prior to March 5, 2011. The Board found that his employment was precluded by his mental health issues rather than his asthma and respiratory condition.

The Board has remanded the case for further appellate proceedings due to errors in the earlier effective date determinations for Dependents’ Educational Assistance (DEA) benefits and Total Disability Rating Based on Individual Unemployability (TDIU).

The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) because, despite having multiple service-connected disabilities, they do not collectively render him unable to secure or maintain substantially gainful employment.

The Board has decided to remand the Veteran's claims for service connection for allergic rhinitis and asthma due to outstanding private treatment records and additional VA medical opinions are needed.

The Veteran's non-allergic rhinitis has not resulted in more than 50 percent obstruction of the nasal passages on both sides, or complete obstruction of one side. Therefore, she is not entitled to an initial compensable rating.

The Board has remanded the case due to lack of substantial compliance with previous directives regarding service connection for a sinus disability, including allergic rhinitis.

The Board has remanded the Veteran's claims for asthma, rhinitis medicamentosa/chronic pharyngitis (claimed as sinusitis), back disability, left lower extremity neuropathy, right lower extremity neuropathy, left lower extremity radiculopathy, and right lower extremity radiculopathy. The appeals are remanded due to incomplete records and the need for further development.

The Veteran's appeal seeking increased ratings for various conditions has been dismissed as the Veteran withdrew their appeal prior to a decision being made.

The Board has remanded the case due to a need for an addendum opinion regarding whether sleep apnea is aggravated by service-connected sinusitis with rhinitis.

The Veteran's claims for an earlier effective date for the award of a 30 percent disability rating for chronic sinusitis and service connection for allergic rhinitis are denied as the increase in disability occurred more than one year prior to his November 28, 2018 claim.

The Board has decided to remand the Veteran's claims for service connection due to a duty to assist error, specifically failing to obtain VA examinations prior to denying his claims.