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.

[Hoppy]

Did they have the doctor’s notes from a few months after discharge? If not you could submit it as new and material evidence. You can file a CUE. However, it is best to file the CUE and ask to have the claim reopened with new and material evidence. Do both and let the VA sort it out. Then appeal their decision if necessary. CUES need to be based on misapplication of the law or rating schedule. If they had the report showing perennial allergies with polyps you could argue they misapplied the section of law stating that your condition could not be service connected due to the transient nature of allergies. Tell them there was no evidence your allergic condition was solely seasonal allergies. Additionally, the evidence of record specifically contradicted the position that your allergic condition was seasonal and transitory. In other words they routinely dismissed your claim by mis-applying the law and did not even weigh the evidence.

If they did not have that report it would be tough to get a CUE. However, submit it as new and material evidence to get the claim reopened. Additionally, if they had the report it would be best to use a new report based on a review of your entire medical history as the new and material evidence. You might want to do this anyway for the following reasons.

The doctor you saw a few months after service noted that you had perennial allergies and seasonal allergies. He did not say he reviewed your SMR. If he only saw you for one or even a couple visits and did not review your SMR then his determination you had perennial allergies was based on subjective statements you made to the doctor. The VA will shoot holes in reports based on subjective statements. A strong report would say something to the effect that based on a review of the records of treatment in the military and my current clinical findings based on physical examination and smear, a proper diagnosis of perennial allergies to include “eosinophilic esophagitis most likely allergic” and related to the ongoing perennial allergic rhinitis condition best describes the veterans condition at the time of the exam give several months after discharge (see attached medical literature below). Also get the doctor to state there is no evidence your allergic condition has ever been seasonal and transitory based on the military and current records. The condition you had in the military is the same condition that is causing you chronic symptoms at this time.

File a claim of allergic eosinophilic esophagitis.

There are cases on the BVA website that have been awarded for your condition. let me know if you want to start reading BVA cases and i will post some links.

One last consideration, they might start looking for evidence your allergies predated service. If you were not treated by any doctors before service and they did not have reports from pre service treating doctors then they cannot prove your condition predated service. They will try to use any statements you told doctors in the military that you had allergies prior to service as evidence of a pre-existing condition. If the record shows any reference to a pre existing condition let me know and I will help you deal with it.

http://www.medicinenet.com/eosinophilic_esophagitis/article.htm

Doctors believe that eosinophilic esophagitis is a type of esophagitis that is caused by allergy for two reasons. First eosinophils are prominent in other diseases associated with allergy such as asthma, hay fever, allergic rhinitis, and atopic dermatitis. Second, patients with eosinophilic esophagitis are more likely to suffer from these other allergic diseases. Nevertheless, the exact substance that is causing the allergic reaction in eosinophilic esophagitis is not known. The hallmark of eosinophilic esophagitis is the presence of large numbers of eosinophils in the tissue just beneath the inner lining of the esophagus.

The Board notes that diseases of allergic etiology, including

bronchial asthma and urticaria, may not be disposed of routinely

for compensation purposes as constitutional or developmental

abnormalities. Service connection must be determined on the

evidence as to existence prior to enlistment and, if so existent,

a comparative study must be made of its severity at enlistment

and subsequently. Increase in the degree of disability during

service may not be disposed of routinely as natural progress or

as due to the inherent nature of the disease. Seasonal and other

acute allergic manifestations subsiding on the absence of or

removal of the allergen are generally to be regarded as acute

diseases, healing without residuals. The determination as to

service incurrence or aggravation must be on the whole

evidentiary showing. 38 C.F.R. § 3.380 (2010).

[Scott D]

I got a hold of the allergy testing done at the Amry hospital. In this report is documents dust mites as a servere allergy. Is this a case where I can submit a CUE as the evidence was not in hand during the decision? I have yet to find something that documents a dust season.