What is Allergic Rhinitis?
Allergic rhinitis, often called hay fever, is a common condition that presents symptoms like a cold. These symptoms include a runny nose, sneezing, and congestion, often accompanied by itchy or watery eyes.
The condition is caused by an allergic response to airborne substances, such as pollen, dust mites, or tiny flecks of skin and saliva shed by pets. It’s important to note that unlike a cold, allergic rhinitis isn’t caused by a virus. It can significantly impact a person’s quality of life, making understanding and managing the condition crucial for affected veterans.
Military Burn Pit Exposure and Allergic Rhinitis
Many veterans exposed to burn pit fumes during their service have developed allergic rhinitis. Burn pits are areas where the military incinerated waste at bases, particularly in Iraq and Afghanistan after 9/11.
Various materials, including petroleum, plastic, ammunition, and human waste, were burned, producing more toxins than controlled incineration. Additionally, the air quality in these areas was often poor, further aggravating respiratory issues. Desert winds carried these toxic pollutants far beyond the burn pit sites, worsening health outcomes for veterans.
While this method reduced waste, the released toxic smoke has affected many veterans.
Particulate Matter Presumption
In 2021, through The Honoring Our Promise to Address Comprehensive Toxics Act (PACT Act), the VA started processing VA disability claims for asthma, rhinitis, and sinusitis based on presumed exposure to particulate matter (PM) (i.e., smoke from burn pits). Currently the VA has a presumptive service connection policy for veterans who served in certain regions and developed asthma, rhinitis, or sinusitis within 10 years of their service. This means the VA assumes that these conditions are related to exposure to fine particulate matter (PM) and provides disability benefits. The policy applies to veterans who served in the following areas:
· Southwest Asia theater of operations: From August 2, 1990 to the present
· Afghanistan, Syria, Djibouti, or Uzbekistan: From September 19, 2001 to the present
Veterans who served in these areas during qualifying periods and developed chronic rhinitis can qualify for presumptive service connection without needing to establish a nexus. This simplifies the process for obtaining VA disability compensation.
Establishing a VA Service Connection for Allergic Rhinitis?
Establishing service connection for allergic rhinitis is crucial for veterans seeking VA disability benefits. Service connection is the legal link between a veteran’s current condition and their military service. To establish service connection for allergic rhinitis, veterans must provide evidence demonstrating three key elements:
- Current Diagnosis of Allergic Rhinitis: A current diagnosis of allergic rhinitis from a qualified healthcare provider.
- Evidence of In-Service Injury, Event, or Aggravation: Evidence demonstrating that their service caused or was exacerbated during their military service. This can be established through service records, incident reports, medical documentation, or statements from fellow service members who witnessed the event.
- Medical Nexus Linking Current Condition to Military Service: A medical nexus or connection between their current diagnosis of allergic rhinitis and their service-connected injury, event, or aggravation.
Allergic Rhinitis VA Disability Ratings
The VA rates allergic rhinitis based on the severity and frequency of symptoms. The rating criteria are outlined in the VA’s Schedule for Rating Disabilities under Diagnostic Code 6522.
Here’s a breakdown of the VA disability rating criteria for allergic rhinitis:
- 10%: This rating is assigned if the veteran experiences one or two of the typical symptoms of allergic rhinitis, such as sneezing, nasal congestion, or runny nose, but these symptoms do not significantly interfere with the veteran’s daily activities or work.
- 30%: This rating is given if the veteran’s symptoms are more severe and frequent, causing a greater impact on daily activities or work. The veteran may also have polyps in the nasal cavity.
- 50%: This is the highest rating for allergic rhinitis. It is assigned if the veteran has severe, constant, or near-constant symptoms that significantly interfere with daily activities or work. The veteran may also have associated conditions such as sinusitis or polyps.
It’s important to note that the VA considers the veteran’s entire medical history, including the results of a Compensation and Pension (C&P) exam, when determining the rating. Therefore, it’s crucial to provide detailed and accurate information about your symptoms and their impact on your life.
Appealing a VA Decision on Allergic Rhinitis Rating
If you disagree with the VA’s decision on your allergic rhinitis rating, you have the right to appeal. Call Chad Barr Law at 888-2-VETLAW and get the support of VA accredited attorneys that will fight for you in the appeals process. Get the VA rating you deserve.
