RHINITIS

JENNIFER HWA · 2026 · Case ID: A26039069

MIXED

Summary

The Veteran, an Army Veteran who served from October 2002 to December 2011, including service in Iraq and Kuwait during the Persian Gulf War Era, appeals a March 2025 rating decision. The Veteran sought service connection for rhinitis, undiagnosed coughing (claimed as temporary loss of consciousness), and an increased rating for psoriasis. The Board granted service connection for rhinitis on a presumptive basis due to qualifying service in the Southwest Asia theater of operations and presumed exposure to fine particulate matter, noting the Veteran's Iraq Campaign Medal and service in Kuwait. For the undiagnosed coughing claim, the Board denied service connection, finding no objective evidence of a current cough condition or functional loss, and that the evidence persuasively weighed against the claim. Regarding psoriasis, the Veteran was previously granted service connection with a noncompensable rating. A December 2024 VA examination found psoriasis on less than 5% of the body, not on exposed areas, and no treatment in the past year, consistent with a noncompensable rating. The Board denied an increased rating, finding the evidence persuasively weighed against meeting the criteria for a higher evaluation.

Rationale

Qualifying service in Southwest Asia; Presumed exposure to fine particulate matter; Rhinitis is a presumptive condition under 38 C.F.R. § 3.320

Service Branch

ARMY

Special Benefit

NO SPECIAL BENEFIT

Docket No.

250620-557752

Full Decision Text

Citation Nr: A26039069
Decision Date: 04/27/26 Archive Date: 04/27/26

DOCKET NO. 250620-557752
DATE: April 27, 2026

ORDER

Entitlement to service connection for rhinitis, as due to exposure to fine particulate matter under the presumptive provisions of 38 C.F.R. § 3.320, is granted.

Entitlement to service connection for undiagnosed coughing (also claimed as temporary loss of consciousness) is denied.

Entitlement to a compensable disability rating for psoriasis is denied.

FINDINGS OF FACT

1. The Veteran served in the Southwest Asia theater of operations during the Persian Gulf War Era and is thereby presumed to have been exposed to fine particulate matter while there and currently has rhinitis that is presumptively related.

2. The evidence of record persuasively weighs against finding that the Veteran has had a coughing disability at any time during or approximate to the pendency of the claim.

3. The Veteran's psoriasis did not manifest as characteristic lesions involving at least 5 percent of the entire body; or involving at least 5 percent of exposed areas; or require intermittent systemic therapy.

CONCLUSIONS OF LAW

1. The criteria for entitlement to service connection for rhinitis on a presumptive basis have been met. 38 U.S.C. §§ 1110, 5107; 38 C.F.R. §§ 3.102, 3.303, 3.320.

2. The criteria for service connection for undiagnosed coughing are not met. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303.

3. The criteria for entitlement to a compensable rating for psoriasis have not been met. 38 U.S.C. §§ 1155, 5107; 38 C.F.R. §§ 4.1, 4.3, 4.118, Diagnostic Code (DC) 7816.

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

The Veteran served in the United States Army from October 2002 through December 2011.

This matter comes to the Board of Veterans' Appeals (Board) from a March 2025 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO).

In the June 2025 VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement), the Veteran elected the Direct Review docket.

Therefore, the Board may only consider the evidence of record at the time of the March 2025 agency of original jurisdiction (AOJ) decision on appeal. 38 C.F.R. § 20.301. Any evidence submitted after the AOJ decision on appeal cannot be considered by the Board. 38 C.F.R. §§ 20.300, 20.301, 20.801.

If the Veteran would like VA to consider any evidence that was submitted that the Board could not consider, the Veteran may file a Supplemental Claim (VA Form 20-0995) and submit or identify this evidence. 38 C.F.R. § 3.2501. If the evidence is new and relevant, VA will issue another decision on the claims, considering the new evidence in addition to the evidence previously considered. Id. Specific instructions for filing a Supplemental Claim are included with this decision.

In the Veteran's June 20, 2025, VA Form 10182, the Veteran also listed claims for entitlement to service connection for sleep apnea and an increased disability rating for hypertension. Pursuant to 38 C.F.R. § 20.203(b), a claimant may appeal a rating decision to the Board within one year after the date of the mailing of the letter notifying the claimant of the decision on the form prescribed by the Secretary. As neither of these issues were adjudicated in rating decisions within one year prior to the Veteran's filing of the VA Form 10182, these claims must be dismissed.

Service Connection

Service connection may be granted for a disability resulting from disease or injury incurred in or aggravated by active service. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. § 3.303. The three-element test for service connection requires evidence of: (1) a current disability; (2) in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship between the current disability and the in-service disease or injury. Shedden v. Principi, 381 F.3d 1163, 1166 -67 (Fed. Cir.
of the VA Form 10182, these claims must be dismissed.

Service Connection

Under 38 C.F.R. § 3.320(a), service connection may be presumed for certain chronic diseases associated with exposure to fine particulate matter, even if there is no evidence of such disease during active service, provided a veteran has qualifying service in the "Southwest Asia theater of operations" during the Persian Gulf War. Such diseases include asthma, rhinitis, and sinusitis, including rhinosinusitis. 38 C.F.R. § 3.320(a)(2).

Increased Ratings

Disability evaluations are determined by evaluating the extent to which a Veteran's service-connected disability adversely affects the Veteran's ability to function under the ordinary conditions of daily life, including employment, by comparing the Veteran's symptomatology with the criteria set forth in the Schedule for Rating Disabilities. 38 C.F.R. Part 4. The percentage ratings represent as far as can practicably be determined the average impairment in earning capacity resulting from such diseases and injuries and the residual conditions in civilian occupations. Generally, the degree of disabilities specified are considered adequate to compensate for considerable loss of working time from exacerbation or illness proportionate to the severity of the several grades of disability. 38 U.S.C. § 1155; 38 C.F.R. § 4.1. Any reasonable doubt regarding the degree of disability will be resolved in favor of the Veteran. 38 C.F.R. § 4.3.

1. Entitlement to service connection for rhinitis, on a presumptive basis, is granted.

During the development of the Veteran's claims before the RO, the Veteran was diagnosed with rhinitis in a December 2024 VA examination. The Veteran reported that he had had sinus and nasal congestion, headaches, red itchy eyes, and rhinorrhea since being deployed in Southwest Asia. The Veteran reported that the condition has gotten worse since that time. He reported treating his condition with Singulair.

For veterans with qualifying service, service connection may be presumed for certain listed chronic diseases associated with exposure to fine particulate matter. See 38 C.F.R. § 3.320. Rhinitis is among the diseases subject to this provision. 38 C.F.R. § 3.320(a)(2)(i). Service connection may be presumed if the listed disease manifests to any degree at any time following separation from a qualifying period of military service even if there is no evidence of such disease during the period of military service. 38 C.F.R. § 3.320(a)(1)-(2). Qualifying service includes active service in the Persian Gulf on or after August 2, 1990, for which exposure to fine particulate matter is presumed absent affirmative evidence to the contrary. 38 C.F.R. § 3.320(a)(6).

The Veteran has documented active-duty service in the Persian Gulf after August 2, 1990. A December 3, 2022, Section 1119 Memo states that the Veteran served in Iraq from August 15, 2005, through October 27, 2005, from February 19, 2006, through February 20, 2006, and on March 7, 2006. The Memo also states that the Veteran served in Kuwait from March 1, 2006, through March 6, 2006, and received fire pay, imminent danger pay, and/or hazardous duty pay for service in Kuwait from August 2005 through November 2006. The Veteran was awarded the Iraq Campaign Medal on October 15, 2005. Therefore, the Board finds the Veteran has qualifying service and exposure to fine particulate matter is presumed. Accordingly, service connection for rhinitis is granted.

2. Entitlement to service connection for undiagnosed coughing (also claimed as temporary loss of consciousness) is denied.

The Veteran states that he is entitled to service connection for an undiagnosed coughing condition. After a careful review of the record, the Board determines that the matter must be denied. The reasons follow.

On December 3, 2024, the Veteran
, and/or hazardous duty pay for service in Kuwait from August 2005 through November 2006. The Veteran was awarded the Iraq Campaign Medal on October 15, 2005. Therefore, the Board finds the Veteran has qualifying service and exposure to fine particulate matter is presumed. Accordingly, service connection for rhinitis is granted.

2. Entitlement to service connection for undiagnosed coughing (also claimed as temporary loss of consciousness) is denied.

On December 3, 2024, the Veteran filed a VA Form 21-526EZ, stating a claim for an undiagnosed coughing condition. He stated that he has undiagnosed coughing episodes with temporary loss of consciousness. He stated that his condition was caused by toxic exposures during service, specifically burn pits.

In December 2024, the Veteran was afforded a respiratory conditions VA examination. The Veteran reported that the condition began in 2024. The Veteran reported that he coughed so hard that he had a vasovagal syncope. He stated that his current symptoms were a cough. The Veteran reported smoking half a pack of cigarettes a day for 5 to 6 years. The VA examiner stated that there is no objective evidence on examination to warrant a diagnosis of a respiratory condition, and it was also noted that the Veteran had a normal chest x-ray in conjunction with the examination.

In December 2024, the Veteran was also afforded a Gulf War examination. The VA examiner noted that the Veteran had sinusitis/rhinitis and other conditions of the nose, throat, larynx, and pharynx and respiratory conditions other than tuberculosis and sleep apnea. The VA examiner listed no diagnosed illnesses for which there were no etiologies. The VA examiner stated that the Veteran had no signs or symptoms not addressed through completion of other VA examinations. The Veteran was also noted to have no additional signs or symptoms that would impact his ability to work.

The existence of a current disability is the cornerstone of a claim of service connection. 38 U.S.C. § 1110; Brammer v. Derwinski, 3 Vet. App. 223, 225 (1992). The Veteran must have a current disability in order to meet any form of service connection. In conjunction with the Veteran's VA examinations, the only respiratory condition that the Veteran has been diagnosed with is rhinitis, for which service connection has been granted in this decision. The Veteran was not diagnosed with any cough condition.

In the absence of a diagnosis, a current disability must result in functional loss and reduction of earning capacity. Saunders v. Wilkie, 886 F.3d 1356, 1362 (2018). The persuasive weight of the evidence does not demonstrate that the Veteran suffers a functional loss and reduction in earning capacity from his coughing condition, and the Veteran does not so argue.

For the above reasons, the evidence is neither evenly balanced nor approximately so with regard to whether service connected for a cough condition is warranted. Rather, the evidence persuasively weighs against service connection. The benefit of the doubt doctrine, see 38 U.S.C. §5107(b), is therefore not for application. Lynch v. McDonough, 21 F.4th 776 (Fed. Cir. 2021) (en banc) (only when the evidence persuasively favors one side or another is the benefit of the doubt doctrine not for application); Ortiz v. Principi, 274 F.3d 1361, 1364 (Fed. Cir. 2001). Thus, the claim for service connection for a cough condition is denied.

3. Entitlement to a compensable disability rating for psoriasis is denied.

The Veteran states that he is entitled to a compensable disability rating for psoriasis. After a careful review of the record, the Board determines that this matter must be denied. The reasons follow.

By way of background, in an April 2014 rating decision, the RO granted the Veteran entitlement to service connection for psoriasis with a noncompensable rating, effective August 20, 2012. On December 3, 2024, the Veteran filed a VA Form 21-526EZ, stating a claim for an undiagnosed skin condition.

The Veteran's psoriasis is rated pursuant to DC 7816. A noncompensable rating is assigned for no more than topical therapy required over the past 12-month period and at least one of the following: characteristic lesions involving less than five percent of the entire body affected; or characteristic lesions involving less than five percent of exposed areas affected.

A
By way of background, in an April 2014 rating decision, the RO granted the Veteran entitlement to service connection for psoriasis with a noncompensable rating, effective August 20, 2012. On December 3, 2024, the Veteran filed a VA Form 21-526EZ, stating a claim for an undiagnosed skin condition.

A 10 percent rating is assigned for at least one of the following: characteristic lesions involving at least five percent, but less than 20 percent, of the entire body affected; or at least five percent, but less than 20 percent, of exposed areas affected; or intermittent systemic therapy including, but not limited to, corticosteroids, phototherapy, retinoids, biologics, photochemotherapy, PUVA, or other immunosuppressive drugs required for a total duration of less than six weeks over the past 12-month period.

A 30 percent rating is assigned at least one of the following: characteristic lesions involving more than 20 to 40 percent of the entire body or 20 to 40 percent of exposed areas affected; or systemic therapy including, but not limited to, corticosteroids, phototherapy, retinoids, biologics, photochemotherapy, PUVA, or other immunosuppressive drugs required for a total duration of six weeks or more, but not constantly, over the past 12-month period. A 60 percent rating is assigned for at least one of the following: characteristic lesions involving more than 40 percent of the entire body or more than 40 percent of exposed areas affected; or constant or near-constant systemic therapy including, but not limited to, corticosteroids, phototherapy, retinoids, biologics, photochemotherapy, psoralen with long-wave ultraviolet-A light (PUVA), or other immunosuppressive drugs required over the past 12-month period.

The disability can also be rated as disfigurement of the head, face, or neck (DC 7800) or scars (DCs 7801, 7802, 7803, 7804, or 7805), depending on the predominant disability. 38 C.F.R. § 4.118, General Rating for the Skin for DCs 7806, 7809, 7813-7816, 7820-7822, and 7824. The Board will continue to rate the psoriasis pursuant to DC 7816 because the evidence does not show disfigurement of the head, face, or neck or scars. 38 C.F.R. § 4.118, Diagnostic Code 7816.

In December 2024, the Veteran was afforded a VA examination. The Veteran was diagnosed with psoriasis with a diagnosis date of 2012. The Veteran reported that his condition has stayed the same since diagnosis and he still has a breakout every now and then. He reported that he currently had a breakout in his armpits. The VA examiner stated that the Veteran has not been treated in the past year with medication for a skin condition. The VA examiner also noted that the Veteran has not had any treatments or procedures in the past year for a skin condition. The VA examiner reported that the Veteran had psoriasis on less than 5 percent of his total body area, and not on any exposed areas of the body. The VA examiner stated that the Veteran's psoriasis appeared as a rash in the Veteran's armpits. The Veteran was noted not to have any benign or malignant neoplasms or metastases related to any skin condition.

A noncompensable rating is warranted where there is no more than topical therapy required over the past year, and either characteristic lesions involving less than five percent of the entire body affected or characteristic lesions involving less than five percent of exposed areas affected. In the December 2024 VA examination, the VA examiner noted that the Veteran's psoriasis had not been treated with any medications during the past year, the Veteran had psoriasis on less than 5 percent of his total body area, and the Veteran did not have psoriasis on any exposed areas of the body. These findings are all consistent with a noncompensable disability rating under DC 7816. In order to be entitled to the next higher rating of 10 percent disabling, the Veteran would need to have intermittent systemic therapy, at least 5 percent of the entire body affected by psoriasis, or at least 5 percent of exposed areas affected.
entire body affected or characteristic lesions involving less than five percent of exposed areas affected. In the December 2024 VA examination, the VA examiner noted that the Veteran's psoriasis had not been treated with any medications during the past year, the Veteran had psoriasis on less than 5 percent of his total body area, and the Veteran did not have psoriasis on any exposed areas of the body. These findings are all consistent with a noncompensable disability rating under DC 7816. In order to be entitled to the next higher rating of 10 percent disabling, the Veteran would need to have intermittent systemic therapy, at least 5 percent of the entire body affected by psoriasis, or at least 5 percent of exposed areas affected. None of those criteria were found present in the December 2024 VA examination.

For the above reasons, the evidence is neither evenly balanced nor approximately so with regard to whether an increased disability rating for psoriasis is warranted. Rather, the evidence persuasively weighs against an increased rating. The benefit of the doubt doctrine, see 38 U.S.C. §5107(b), is therefore not for application. Lynch v. McDonough, 21 F.4th 776 (Fed. Cir. 2021) (en banc) (only when the evidence persuasively favors one side or another is the benefit of the doubt doctrine not for application); Ortiz v. Principi, 274 F.3d 1361, 1364 (Fed. Cir. 2001). Thus, the claim for an increased disability rating for psoriasis is denied.

JENNIFER HWA

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board Fleming, Shelley M.

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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