Allergic Rhinitis Reasonal For Denying Claim

[Scott D]

I was recently going back through some paperwork adn noticed that the reason the VA had denied Service Connection for Allergic Rhinitis is listed below. This doesn't really make sense to me now and I am not sure why I didn't appeal the origianl decision. It is a few years old now. There decision seems to be based on alot of assumption. Here's some cites from my SMR. Is there anything I can do to try adn get this SC'd?

1. Health Surveillance form dated 16 Jun 03 Where allergies, asthma etc… was checked.

2. SMR page dated 09 Jul 2003 Patient presenting food allergy to fruit/vegetables with throat closing (cucumber, melon, orange, bananas, and tomatoes). Possible food allergies refer to allergy clinic.

-I had an appointment at the allergy clinic located at Madigan Hospital. During this visit skin prick testing was only accomplished for allergens like dust, grass, mold, trees etc… The medical staff did provide guidance that avoidance to the foods that causes allergy symptoms is required and the only option to treat food allergies.

3. Printout of medication which shows multiple prescriptions for Flonase and Allegra to treat allergic rhinitis, and a prescription for an EPI-Pen used to treat anaphylaxis caused by food allergy.

4. SMR page dated 10 nov 2004 showing allergies

5. SMR page dated 04 JAN 2005 documenting Allegra and flonase use and allergies.

5. SMR page 01 FEB 2005 documenting a history of allergies

6. SMR page dated 07 Feb 2005 documenting allergies with Allegra and Claritin

Treatment records in c-file further document food allergy testing, and allergic rhinitis with polyps.

3. Service connection for allergic rhinitis.

Allergic conditions are considered acute and transitory conditions. Seasonal and other acute allergic manifestations typically subside in the absence, or removal, of the stimulating allergen and resolve without residual disability. Therefore, service connection for all ergic rhinitis is denied since this condition is considered acute and transitory in nature.

[rentalguy1]

What they are saying is that your allergies are only present when the substance that you are allergic to is present. Therefore, if you are allergic to dogs, but the C&P examiner doesn't have a service animal sitting beside him, or dog residue all over his office, you exhibit no symptoms. If you exhibit no symptoms, then there is nothing to rate. SInce you are allergic to certain foods, it is a given that you will stay away from those foods, which again means you exhibit no symptoms. The Allegra/Claratin Rx's lead me to believe you have seasonal allergies as well. A very large number of the population has this, and the symptoms go away one the stimuli has finished blooming (aka "transitory"), therefore they will not rate it. Now, if you have a deviated septum from a broken nose while you were on active duty, or as a secondary to a service connected disability (say from a fall), and that condition caused the rhinitis, then it would be much more possible to get it rated. Sorry.

[Scott D]

In the testing I did in the Navy I tested positive for reactions to weeds, grasses, trees, cats, mold, and dust mites. My symptoms are present year round and triggers like dust and are present year round. A few months after separation my Doctor notes, the patient is in for follow up for perennial allergic rhinitis with seasonal worsening, asthma, eosinophillic esophagitis, and food allergy. Nasal blockage and polyps were determined to be present via physical examination and nasal smear. Below is rating criteria for allergic rhinitis. I am still curious (not shocked) as to how they can deny a claim based off the assumed transitory nature of the symptoms. The food allergy is a separate issue as is asthma that has both been denied as well.

Is there a way to reopen the claim?

I appreciate the response and assistance. Sometimes a reality check is needed to ensure that I am not way off base and that i'm not on a wild goose chase.

6522 Allergic or vasomotor rhinitis:

With polyps ......................................................................................................... 30

Without polyps, but with greater than 50-percent obstruction of nasal

passage on both sides or complete obstruction on one side................................ 10

[Philip Rogers]

You can either file a CUE claim or you can reopen, w/new and material evidence. I'd try the CUE, as it uses the original claim date. jmo

pr

[rentalguy1]

A few months after separation my Doctor notes, the patient is in for follow up for perennial allergic rhinitis with seasonal worsening, asthma, eosinophillic esophagitis, and food allergy. Nasal blockage and polyps were determined to be present via physical examination and nasal smear.

Depending on what the C&P report says (supposing they actually did one) I'm 100% with PR on this. Take this SMR, highlite it, circle it, underline it, and mail it to them with a big fat CUE claim. Also send their own rating criteria back to them with the 30% criteria highlited and tell them to learn how to read.

[Hoppy]

Scott D,

As you can see on one hand they tell you allergic rhinitis cannot be rated and on the other hand there is a rating for the condition in the schedule.

It is easier to get seasonal allergies rated than it is food allergies. This is due to the fact that you can do an elimination diet and avoid food. other allergies are not nesessarily seasonal. Getting the condition service connected would need to show that you have no control over the allergic condition while functioning normally. I have seen cases where seasonal allergies were awarded because the symptoms were very chronic and out of control. There are numerous allergic conditions that are not seasonal. It also works if you can get a report that shows that your current allergic condition is chronic and not controllable due to the fact that the allergen(s) has not been specifically identified, isolated and removed from your environment.

This would be the type of new evidence that would re-open your claim. Keep in mind the frequency and severity of events shown in the rating schedule and see a doctor and have the doctor note the objective symptoms of allergy when you are seen by the doctor. Frequency and severity supported solely by your subjective complaints will not be given weight.

[Scott D]

Thanks everyone for the suggestions. I think everyone knows that most SMRs are generally vague and do not go into much detail. As far as my record goes there are approaxamately 15 references to allergies or prescriptions, or testing. Wouldn't this at least warranted a service connection at zero percent?

After service, by a few months, I started getting treatment for perennial rhinitis with worsening seasonal conditions.

As far as he food allergy claim goes, I tested positive for allergies to 46 different foods. I was placed on a restriction diet that was impossible to follow. The only food I was abl to eat was beef, chicken turkey, dairy, and barley. This made it to difficult to follow. The problem with the food allergy in that my service connected eosinophilia esophagitis is excaberated by eating the foods that I have tested positive to. This cause a stricture,vomiting, reflux, inability to swallow etc... The whole mess is interrelated.