ALLERGIC OR VASOMOTOR RHINITIS WITHOUT POLYPS BUT WITH GREATER THAN 50 PERCENT OBSTRUCTION OF NASAL PASSAGE ON BOTH SIDES

A. S. CARACCIOLO · 2026 · Case ID: A26027836

MIXED

Summary

The veteran, who served in the U.S. Army from April 1970 to October 1973, appeals the February 2026 rating decision concerning his service-connected allergic rhinitis and gastritis. The veteran sought an increased rating for allergic rhinitis for the entire appeal period and a compensable rating for gastritis prior to May 19, 2024. The Board granted an initial 10 percent rating for allergic rhinitis prior to January 17, 2025, finding that while the veteran experienced symptoms like nasal congestion and sinus pressure, the evidence did not support a higher rating due to the absence of nasal polyps and inconsistencies in VA examination reports. The Board denied an increased rating for allergic rhinitis thereafter, as the criteria for a 30 percent rating were not met. For gastritis, the Board denied a compensable rating prior to May 19, 2024, concluding that the evidence did not establish the presence of small nodular lesions required for even a 10 percent rating. The Board acknowledged the veteran's argument for analogous rating under DC 7346 for GERD symptoms but noted that gastritis is specifically rated under DC 7307 and the veteran was not service-connected for GERD. The Board found the evidence weighed against an increased rating for gastritis, denying the claim.

Rationale

Benefit of the doubt afforded due to examiner inconsistencies; Symptoms of nasal congestion, sinus pressure, postnasal drip present; No evidence of nasal polyps for higher rating

Service Branch

ARMY

Special Benefit

NO SPECIAL BENEFIT

Docket No.

260309-635016

Full Decision Text

Citation Nr: A26027836
Decision Date: 03/27/26 Archive Date: 03/27/26

DOCKET NO. 260309-635016
DATE: March 27, 2026

ORDER

Entitlement to an initial 10 percent rating, but no higher, for allergic rhinitis prior to January 17, 2025, is granted.

Entitlement to a rating in excess of 10 percent for allergic rhinitis beginning January 17, 2025, is denied.

Entitlement to an initial compensable rating for gastritis prior to May 19, 2024, is denied.

FINDINGS OF FACT

1. For the entire appeal period, the Veteran's allergic rhinitis was manifested by greater than 50 percent obstruction of nasal passage on both sides but without polyps.

2. For the period prior to May 19, 2024, the Veteran's gastritis did not manifest with small nodular lesions.

CONCLUSIONS OF LAW

1. The criteria for entitlement to an initial 10 percent rating, but no higher, for allergic rhinitis prior to January 17, 2025, have been met. 38 U.S.C. §§ 1155, 5107; 38 C.F.R. §§ 3.102, 4.1, 4.3, 4.7, 4.96, 4.97, Diagnostic Code (DC) 6522.

2. The criteria for entitlement to a rating in excess of 10 percent for allergic rhinitis beginning January 17, 2025, have not been met. 38 U.S.C. §§ 1155, 5107; 38 C.F.R. §§ 3.102, 4.1, 4.3, 4.7, 4.96, 4.97, DC 6522.

3. The criteria for entitlement to an initial compensable rating for gastritis prior to May 19, 2024, have not been met. 38 U.S.C. §§ 1155, 5107; 38 C.F.R. §§ 3.102, 4.1, 4.3, 4.7, 4.96, 4.97, DC 7307.

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

The Veteran served on active duty in the U.S. Army from April 1970 to October 1973.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a February 2026 rating decision by a Department of Veterans Affairs (VA) regional office (RO). In December 2025 and February 2026, the Veteran submitted VA Forms 20-0996, Decision Review Request: Higher-Level Review (HLR), and requested review of a February 2025 and a November 2025 rating decisions. In February 2026, the agency of original jurisdiction (AOJ) issued the HLR decision on appeal, which considered the evidence of record at the time of the prior rating decisions. Therefore, the Board may only consider the evidence of record at the time of the February 2025 rating decision for the issue of increased rating for gastritis and of the November 2025 rating decision for the issue of increased rating for rhinitis. The Veteran timely appealed the rating decision by submitting a VA Form 10182 and requested direct review of the evidence considered by the AOJ under the Veterans Appeals Improvement Modernization Act of 2017 (AMA). Under direct review, the Board cannot hold a hearing or accept additional evidence into the record. 38 C.F.R. § 20.301 (2019). Therefore, the Board will consider the evidence of record as of February 28, 2025, for the issue of increased rating for gastritis, and as of November 25, 2025, for the issue of increased rating for rhinitis, the dates of the notification letter for the rating decisions on appeal. Id.

This appeal has been advanced on the Board's docket pursuant to 38 C.F.R. § 20.902(c). 38 U.S.C. § 7107(a)(2).

Increased Ratings

This appeal has been advanced on the Board's docket pursuant to 38 C.F.R. § 20.902(c). 38 U.S.C. § 7107(a)(2).

Increased Ratings

Disability ratings are determined by evaluating the extent to which a Veteran's service-connected disability adversely affects his or her ability to function under the ordinary conditions of daily life, including employment, by comparing his or her symptomatology with the criteria set forth in the Schedule for Rating Disabilities. See 38 U.S.C. § 1155; 38 C.F.R. § 4.1. If two ratings are potentially applicable, the higher rating will be assigned if the disability more nearly approximates the criteria required for that rating; otherwise, the lower rating will be assigned. See 38 C.F.R. § 4.7. Consideration must be given to increased evaluations under other potentially applicable Diagnostic Codes. Schafrath v. Derwinski, 1 Vet. App. 589, 595 (1991). Any reasonable doubt regarding the degree of disability will be resolved in favor of the Veteran. See 38 C.F.R. § 4.3.

The Veteran's entire history is reviewed when assigning disability ratings. See generally 38 C.F.R. § 4.1. In general, when an increase in the disability rating is at issue, it is the present level of disability that is of primary concern. See Francisco v. Brown, 7 Vet. App. 55, 58 (1994). Importantly, as this is an appeal as to the initial rating assigned, the relevant temporal focus is from August 5, 2021, the effective date of the award of service connection, to present.

1. Entitlement to an initial 10 percent rating, but no higher, for allergic rhinitis prior to January 17, 2025, is granted.

2. Entitlement to a rating in excess of 10 percent for allergic rhinitis beginning January 17, 2025, is denied.

The Veteran's allergic rhinitis is currently rated as non-compensable prior to January 17, 2025, and as 10 percent disabling thereafter, pursuant to 38 C.F.R. § 4.130, DC6522. He contends that 10 percent evaluation is warranted for the entire appeal period. Importantly, as this is an appeal as to the initial rating assigned, the relevant temporal focus is from June 28, 2012, the effective date of the award of service connection to the present.

DC 6522 provides that a 10 percent rating is appropriate for allergic or vasomotor rhinitis without polyps but with greater than 50 percent obstruction of nasal passage on both sides. To warrant an increased 30 percent rating, a claimant must suffer from polyps. Id.

After carefully reviewing the evidence, the Board finds that the evidence persuasively weighs against finding that an increased rating is warranted for the entire appeal period.

An October 2012 progress note shows the Veteran was positive for ear pain, congestion, sore throat, rhinorrhea, neck pain, postnasal drip, sinus pressure, and tinnitus associated with acute sinusitis. An April 2014 progress note reflects that the Veteran's sinusitis caused congestion, coughing, headaches, and swollen glands. The Veteran was noted to have nasal congestion in April 2022 with a diagnosis of sinusitis. See October 2022 CAPRI.

The Veteran underwent a VA examination in November 2022, in which the examiner noted that the Veteran was diagnosed with allergic rhinitis in September 2018. She further noted current symptoms associated with the Veteran's allergic rhinitis to be sinus pressure between the eyes, sneezing, coughing up thick mucus, and teary eyes. However, she marked "no" to the question of whether the Veteran had nose, throat, larynx, or pharynx conditions, to include rhinitis, and did not fill out the section associated with rhinitis.

The Veteran appeared for another VA examination in January 2025. The Veteran reported bleeding, sinus/facial pressure, sinus headaches, postnasal drip, runny nose, nasal congestion, increased pressure in ears, throat irritation, need to clear throat, sleep disturbances, and sneezing. The examiner found that the Veteran had greater than 50% obstruction of the nasal passage on both sides due to rhinitis, but there were no nasal polyps.

After carefully reviewing the record, the Board agrees with the Veteran that the Veteran's allergic rhinitis should be rated 10 percent disabling for the entire appeal period. See March 2026 VA Form 10182, Notice of Disagreement. For the period prior to January 17, 2025, the Veteran experienced nasal congestion, sinus pressure, and postnasal drip. Though the treatment records indicate that such symptoms were associated with sinusitis, the November 2022 VA examination report is afforded minimal probative value due to the examiner's failure to provide answers in the rhinitis section and contradictory findings that the Veteran has a diagnosis of rhinitis but also that he did not. Thus, affording the Veteran the benefit of the doubt, the Board finds that a 10 percent rating, but no higher, is warranted for the period prior to January 17, 2025.

On the other hand, the evidence persuasively weights against the Veteran's symptoms having risen to the severity, frequency, and duration required for a 30 percent schedular rating at any point during the appeal period. Notably, there is no indication in either the VA examinations or VA records that the Veteran has ever suffered from nasal polyps, the sole criterion necessary for the higher 30 percent rating. Moreover, there is no lay or medical evidence of record to suggest that the Veteran has experienced symptoms functionally equivalent to those listed under the criteria for a 30 percent rating. Moreover, the Veteran only asserts that a 10 percent rating is warranted from June 28, 2012, the date service connection was awarded.

In sum, the evidence of record demonstrates that the overall impairment caused by the Veteran's allergic rhinitis was characterized by nasal obstruction with no evidence of the development of polyps for the entire appeal period. Accordingly, a 10 percent rating, but no higher, is granted for the period prior to January 17, 2025, and rating in excess of 10 percent thereafter must be denied.

3. Entitlement to an initial compensable rating for gastritis prior to May 19, 2024, is denied.

The Veteran seeks a compensable rating for his gastritis prior to May 19, 2024 (the date the digestive system rating criteria were changed). Importantly, as this is an appeal as to the initial rating assigned, the relevant temporal focus is from June 28, 2012, the effective date of the award of service connection.

38 C.F.R. § 4.113 of the rating system addresses coexisting abdominal conditions and notes that there are diseases of the digestive system, particularly within the abdomen, which, while differing in the site of pathology, produce a common disability picture characterized in the main by varying degrees of abdominal distress or pain, anemia, and disturbances in nutrition. See 38 C.F.R. § 4.113. Consequently, certain coexisting diseases in the digestive system do not lend themselves to distinct and separate disability evaluations without violating the fundamental principle relating to pyramiding as outlined in § 4.14. Id. Under 38 C.F.R. § 4.14, the evaluation of the same disability or its manifestations under various diagnoses, which is known as pyramiding, is to be avoided.

Further, ratings under DCs 7301 to 7329, inclusive, 7331, 7342, and 7345 to 7348 inclusive will not be combined with each other. 38 C.F.R. § 114. A single evaluation will be assigned under the diagnostic code which reflects the predominant disability picture, with elevation to the next higher evaluation where the severity of the overall disability warrants such elevation. Id.

Gastritis is rated under the provisions of 38 C.F.R. § 4.114, DC 7307. Prior to May 19, 2024, a 10 percent rating is warranted when there are small nodular lesions and symptoms. A 30 percent rating is warranted when there are multiple small eroded or ulcerated areas and symptoms. A 60 percent rating is warranted when there are severe hemorrhages, or large ulcerated or eroded areas. 38 C.F.R. § 4.114, DC 730
be assigned under the diagnostic code which reflects the predominant disability picture, with elevation to the next higher evaluation where the severity of the overall disability warrants such elevation. Id.

The criteria for higher evaluations under DC 7307 are conjunctive, as indicated by the use of the words "with" and "and." See Melson v. Derwinski, 1 Vet. App. 334 (June 1991) (use of the conjunctive "and" in a statutory provision meant that all of the conditions listed in the provision must be met). However, the rating criteria are not successive or cumulative with that of the lower rating. See Tatum v. Shinseki, 23 Vet. App. 152, 155 (2009); see also Stankevich v. Nicholson, 19 Vet. App. 470, 472 (2006) (The Court recognized that disabilities rated by analogy will not show all objective criteria of the analogous rating.).

An April 2014 progress note shows the Veteran reported abdominal pain, headaches, and vomiting. The provider noted the Veteran's past medical history was significant for gastroesophageal reflux (GERD).

The Veteran underwent an intestinal conditions VA examination in November 2022, and the examiner diagnosed him with gastritis. The Veteran reported pain in stomach that felt like lumps, and the examiner noted the Veteran had frequent episodes of bowel disturbance with abdominal distress. He also appeared for a stomach and duodenal conditions VA examination in November 2022 with the same examiner. The examiner diagnosed the Veteran with irritable bowel syndrome (IBS) and gastritis. The Veteran reported bloating constant pain, and the examiner noted that the Veteran had four or more episodes of symptom recurrence per year with an average duration of one to nine days, as well as continuous abdominal pain that occurred at least month.

After review, for the period prior to May 19, 2024, the Board finds that the Veteran's gastritis has been appropriately rated as noncompensable. Though the Veteran has experienced symptoms associated with his gastritis, there has been no evidence of any small nodular lesions in any VA examinations or medical records, which is a requirement for a 10 percent rating. Neither the Veteran nor his attorney has argued that the Veteran has had any lesions associated with his gastritis. As such, the Board finds that an increased rating for gastritis is not warranted.

The Board acknowledges the Veteran's attorney's argument that the Veteran has experienced daily and constant pain due to his gastritis prior to May 2024 and that the symptoms from the Veteran's gastritis, as well as GERD, should be analogously compensated under DC 7346 for a 30 percent rating. See March 2026 VA Form 10182, Notice of Disagreement. Prior to May 19, 2024, GERD was generally rated by analogy under DC 7346, for hiatal hernia. However, when a condition is specifically identified in the rating schedule, it may not be rated by analogy. See Copeland v. McDonald, 27 Vet. App. 333 (2015). The Veteran is service connected for gastritis, not GERD.

Given the record before it, the Board finds that the evidence persuasively weighs against the Veteran's claim for an increased rating for gastritis prior to May 19, 2024, and the claim must be denied. In denying such rating, the Board finds the benefit of the doubt doctrine is not applicable.? 38?U.S.C. §?5107;?38?C.F.R. §§?3.102, 4.3, 4.7.

A. S. CARACCIOLO

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board T. L. Park, Counsel

The Board's decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.

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