ALLERGIC OR VASOMOTOR RHINITIS

K. PARAKKAL · 2026 · Case ID: A26040722

DENIED

Summary

The veteran, who served from December 2008 to December 2014, appeals for an increased disability rating for allergic rhinitis. The veteran sought an evaluation exceeding 10 percent prior to September 16, 2024, and an evaluation exceeding 0 percent thereafter. The primary evidence considered includes a VA examination from April 2018, which found greater than 50 percent obstruction of the nasal passage on both sides due to rhinitis, and a subsequent VA examination from September 2024, which found no complete obstruction or greater than 50 percent obstruction on either side. The veteran also submitted a statement in April 2025 detailing his symptom management. The Board found the 2018 and 2024 VA examinations to be the most probative evidence. The Board concluded that the evidence did not support a finding of polyps or greater than 50 percent obstruction prior to September 16, 2024, nor did it support greater than 50 percent obstruction thereafter. The Board determined that the veteran's subjective descriptions of his symptoms were not sufficient to override the objective findings from the VA examinations. Consequently, the Board denied the increased rating for allergic rhinitis, finding that the evidence did not meet the criteria for a higher evaluation.

Rationale

Board found 2018 and 2024 VA examinations to be most probative.; Evidence did not support polyps or >50% nasal obstruction prior to Sep 16, 2024.; Evidence did not support >50% nasal obstruction thereafter.; Veteran's subjective reports did not override objective findings.

Special Benefit

NO SPECIAL BENEFIT

Diagnostic Code

6522

Docket No.

251201-611148

Full Decision Text

Citation Nr: A26040722
Decision Date: 04/30/26 Archive Date: 04/30/26

DOCKET NO. 251201-611148
DATE: April 30, 2026

ORDER

Entitlement to an evaluation in excess of 10 percent prior to September 16, 2024 and in excess of 0 percent thereafter for allergic rhinitis is denied.

FINDING OF FACT

The competent and probative evidence is against finding that allergic rhinitis was manifested by polyps prior to September 16, 2024 or by greater than 50 percent obstruction of nasal passage on both sides or complete obstruction on one side thereafter.

CONCLUSION OF LAW

The criteria for entitlement to an evaluation in excess of 10 percent prior to September 16, 2024 and in excess of 0 percent thereafter for allergic rhinitis have not been met. 38 U.S.C. §§ 1155, 5107; 38 C.F.R. §§ 4.1, 4.2, 4.3, 4.7, 4.97, Diagnostic Code 6522.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran had active duty service from December 2008 to December 2014.

The matter comes to the Board of Veterans' Appeals (Board) on appeal from an April 2025 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO).

In the December 2025 VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement) (NOD), the Veteran elected the Direct Review option; therefore, the Board may only consider the evidence of record at the time of the agency of original jurisdiction (AOJ) decision on appeal. 38 C.F.R. § 20.301.

On the December 2025 VA Form 10182, the Veteran also attempted to appeal the issue of entitlement to an evaluation in excess of 20 percent for lumbosacral spine disability with lumbar disc herniation. This issue is already pending in the legacy system and stems from a June 2018 rating decision. This matter will be addressed in a separate legacy decision.

Increased Ratings

Disability evaluations are determined by evaluating the extent to which a veteran's service-connected disability adversely affects his ability to function under the ordinary conditions of daily life, including employment, by comparing the symptomatology with the criteria set forth in the Schedule for Rating Disabilities (Rating Schedule). 38 U.S.C. § 1155; 38 C.F.R. §§ 4.1, 4.2, 4.10. Where entitlement to compensation has already been established and 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). Separate ratings can be assigned for separate periods of time based on the facts found, a practice known as "staged" ratings. See Hart v. Mansfield, 21 Vet. App. 505 (2007).

In evaluating a disability, the Board considers the current examination reports in light of the entire record to ensure that the current rating accurately reflects the severity of the condition. The Board has a duty to acknowledge and consider all regulations that are potentially applicable. Schafrath v. Derwinski, 1 Vet. App. 589 (1991). 38 C.F.R. §§ 4.1, 4.2, 4.10. Where there is a question as to which of two evaluations shall be applied, the higher evaluation will be assigned if the disability picture more nearly approximates the criteria required for that rating. Otherwise, the lower rating will be assigned. See 38 C.F.R. § 4.7. Reasonable doubt regarding the degree of disability will be resolved in the veteran's favor. 38 C.F.R. § 4.3.

1. Entitlement to an evaluation in excess of 10 percent prior to September 16, 2024 and in excess of 0 percent thereafter for allergic rhinitis

The Veteran seeks a higher evaluation for allergic rhinitis.

Allergic rhinitis is evaluated under 38 C.F.R. § 4.97, Diagnostic Code 6522 for allergic or vasomotor rhinitis. Under Diagnostic Code 6522, a 10 percent rating is warranted for allergic or vasomotor rhinitis without polyps, but with greater than 50 percent obstruction of nasal passage on both sides or complete obstruction on one side. A 30 percent evaluation is warranted for allergic or vasomotor rhinitis with polyps. 38 C.F.R. § 4.97, Diagnostic Code 6522. A 30 percent evaluation is the maximum rating permitted under Diagnostic Code 6522. While Diagnostic Code 6522 does not provide for a noncompensable disability evaluation, 38 C.F.R. § 4.31 provides for zero percent evaluations in every instance where the schedule does not provide a zero percent evaluation for a diagnostic code and the requirements for a compensable evaluation are not met.

The Veteran under a VA examination in April 2018. The examiner found that there was greater than 50 percent obstruction of the nasal passage on both sides due to rhinitis. Complete obstruction was not present on either side. There were no other pertinent findings.

The Veteran was afforded another VA examination in September 2024. During the examination, the Veteran reported daily nasal congestion, sneezing, and bilateral eye itching. The examiner found that there was no complete obstruction of the nasal passage on either side or greater than 50 percent obstruction of the nasal passage on both sides. There were no nasal polyps or permanent hypertrophy of the nasal turbinates.

In an April 2025 statement, the Veteran contends that he manages his symptoms through daily antihistamines, allergy patches, vitamins and supplements, nasal expanders, and air purifiers throughout his home. The Veteran also indicates that he keeps an EpiPen at his home and workplace for emergency use.

After careful review of the evidence, the Board finds that the competent and probative evidence is against finding that allergic rhinitis was manifested by polyps prior to September 16, 2024 or by greater than 50 percent obstruction of nasal passage on both sides or complete obstruction on one side thereafter. The Board finds the 2018 and 2024 VA examinations to be the most probative evidence of record and finds no medical or lay evidence to the contrary.

The Board has considered the Veteran's contention that his allergic rhinitis is more severe than reflected in the 10 percent evaluation prior to September 16, 2024 and the noncompensable evaluation thereafter. While the Veteran is competent to describe his allergic rhinitis and his symptoms, he is not competent to opine as to the severity of his allergic rhinitis under the rating criteria. The objective evidence of record demonstrates that allergic rhinitis has been manifested by greater than 50 percent obstruction of nasal passages on both sides prior to September 16, 2024 and the lack of complete obstruction of the nasal passage on either side or greater than 50 percent obstruction of the nasal passage on both sides thereafter.

As there is not an approximate balance of positive and negative evidence, the benefit-of-the-doubt doctrine is not applicable and an evaluation in excess of 10 percent prior to September 16, 2024 and in excess of 0 percent thereafter for allergic rhinitis is denied. 38 U.S.C. § 5107(b); 38 C.F.R. §§ 4.3, 4.7.

K. Parakkal

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board B Jackson, 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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