Service Connection

[roy talker]

just recieved 0% rating  for allergic rhinitis,  I was under the impression I would get an explanation of why 0% was given( i didn't get any reason). I also have mild sleep apne& headaches, can that be presumptive to my allergic rhinitis? Would appreciate if anyone could give some insight. tHANKS!

[brokensoldier244th]

What did your decision letter say about the allergic rhinitis? That's the part you'll have to deal with first before trying to apply for secondaries. 

[Vync]

You are correct. They are supposed to tell you that in the decision letter. Normally, they also tell you what would be needed to be granted a higher rating percentage.

Here's the criteria from 38 CFR 4.97:

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

 

Sounds like you might have not met the 10% minimum requirement or the VA screwed up the decision. It might be worth filing for sleep apnea and headaches if you think they are caused by it. It would be termed "secondary", not necessarily "presumptive".

[brokensoldier244th]

Apnea is usually physically caused- if their rhinitis isn't rated more than 0% it's not going to cause sleep apnea. 

[Vync]

@brokensoldier244thWhat about central sleep apnea? Of course, the OP would need to have a thorough sleep study done to determine which flavor they might have.

Does something have to be rated 10%+ in order to allow secondary SC to apply?

 

[Dustoff1970]

You may have to file an NOD to your claim to receive official explanation as to the why they denied and if you go full appeal then use their lack of adequate reason and basis in the decision as just one of your argument points in the appeal. If you ask for an HLR review/claim then you close off any chance to add any new and/or material medical or other evidence to help your claim IMHO.

My comment is not legal advice as I am not a lawyer, paralegal or VSO.

[Vync]

9 minutes ago, Dustoff 11 said:

You may have to file an NOD to your claim to receive official explanation as to the why they denied and if you go full appeal then use their lack of adequate reason and basis in the decision as just one of your argument points in the appeal. If you ask for an HLR review/claim then you close off any chance to add any new and/or material medical or other evidence to help your claim IMHO.

My comment is not legal advice as I am not a lawyer, paralegal or VSO.

Traditional NOD's are gone and I truly miss them. Supplemental is the way to go in this case.