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Allergic Rhinitis C&P VA Didn't Ask For An Opinion


SgtE5

Question

Had a C&P for allergic rhinitis. Doctor stated VA didn't ask for an opinion on service connection. Only wanted an exam to see how bad I am. Doctor stated that I would get the max. 50% blockage and polyps.

Why wouldn't the VA ask for an opinion? I am a Desert Shield/Storm vet but was diagnosed after the 10 year limit VA put on it.

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This is due to the new Presumptive regulations or Gulf War vets that the doctor was aware of,  but I too am conerned about than ten year part if the regulations.We all should be.

Did you have rhinitus documented in your SMRs?

 

 

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I hope the regulation is in this thread-

Mybe it is in the Burn Pit forum-

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There are many recent BVA decision that contain the new presumptives and this granted claim holds the text of the regulation.

https://www.va.gov/vetapp21/Files8/21049783.txt

But the decision says this:

"As the Veteran's asthma manifested to a degree within 10 years of his qualifying period of service in Southwest Asia during the Persian Gulf War, and he is presumed to have been exposed to particulate matter based on his service in Southwest Asia during the Persian Gulf War, specifically Kuwait and Iraq from February to May 2003, entitlement to service connection for asthma is warranted on a presumptive basis. "

However this was the BVA's rationale on the ten years:

"During a June 2011 VA examination, the Veteran reported that he felt like he was not in as good a shape as he once was and became short of breath when climbing stairs. He was subsequently diagnosed with asthma in November 2019. Therefore, the Veteran's asthma became manifest to a degree within 10 years from the date of his qualifying period of service in Southwest Asia as shown by the evidence of his symptoms of shortness of breath reported during the June 2011 VA examination. McGrath v. Gober, 14 Vet. App. 28, 35 (2000) (in determining the date entitlement arose, when an original claim for benefits is pending, the Board must determine when a claimant's disability manifested itself under all the "facts found" and "the date on which the evidence is submitted is irrelevant"); Traut v. Brown, 6 Vet. App. 495 (1994) (establishing service connection on a presumptive basis does not require that a chronic disease be diagnosed within the applicable time period; rather, symptoms that manifest within this time period may subsequently be determined to have been early manifestations of a chronic disease). In July 2020, a VA nurse practitioner found that the Veteran's asthma was less likely than not related to service as the Veteran's treatment records described a 13 year history of smoking. The Veteran stopped smoking in 2012."

BVA granted anyhow, disregarding the C & P opinion.

I would think if a vet had on a past rating sheet any one of the new presumptives, that was determined to be NSC, that date of the rating or C & P exam could ppossibly get them into the 10 year criteria.

If the NSC had a 10% or more rating, I wonder if they could CUE the EED they get now-if they do get the wrong EED.........????  I have to think about that.............

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Not diagnosed while in the military. Discharged June 1992. Self medicated until entering into the VA system in Oct. 2002. Was put on different meds for coughing and such but not diagnosed until 2004. 2 years past the 10 year mark. I would have thought that an opinion would have been requested. If they deny me, I'll just appeal and one of my reasons will be they didn't ask for an opinion.

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The max for allergic rhinitis is 30%, not 50%. I'm an 30% for allergic rhinitis and 50% for chronic sinusitis 

It's possible the an opinion was not needed and an exam was ordered just to assess the current severity of your rhinitis so it could be rated. It's also possible the person ordering the exam neglected to ask for the opinion. If that's the case it would be sent back to the examiner asking for the opinion. 

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