Citation Nr: 21062388 Decision Date: 10/07/21 Archive Date: 10/07/21 DOCKET NO. 17-08 823 DATE: October 7, 2021 ORDER Service connection for allergic rhinitis is granted. FINDINGS OF FACT 1. The Veteran had service in the Southwest Asia theatre, to include Iraq, Kuwait, and Qatar. 2. The Veteran's allergic rhinitis is presumptively related to his in-service particulate matter exposure. CONCLUSION OF LAW The criteria for service connection for allergic rhinitis, have been met. 38 U.S.C. §§ 1110, 5107; 38 C.F.R. §§ 3.102, 3.303, 3.317; 86 Fed. Reg. 42,724 (August 5, 2021). REASONS AND BASES FOR FINDINGS AND CONCLUSION The Veteran served on active duty from August 2000 to February 2008, during which he was deployed to the Persian Gulf area. The Veteran provided testimony before the undersigned Veterans Law Judge (VLJ) at an October 2019 Board hearing. A complete transcript is of record. A December 2019 Board decision denied the Veteran's service connection claim for shortness of breath. The Veteran appealed the denial to the United States Court of Appeals for Veterans Claims (Court). In November 2020, the Court vacated the part of the December 2019 Board decision that denied the service connection claim for shortness of breath and remanded the claim for additional development in compliance with a Joint Motion for Partial Remand (JMPR). In the JMPR, the parties found that the May 2019 VA sinusitis and Gulf War examinations were inadequate because both examiners provided insufficient rationales to support their respective opinions and failed to adequately address the Veteran's relevant medical history. An April 2021 Board decision remanded the issue for further development, to include a new VA examination. Service Connection VA issued an interim final rule to establish presumptive service connection for three chronic respiratory health conditions, i.e., asthma, rhinitis, and sinusitis, to include rhinosinusitis, related to presumed exposures to fine, particulate. 86 Fed. Reg. 42,724 (August 5, 2021). Under the newly created rule, presumptive service connection would apply to veterans with a qualifying period of service of active duty in the Southwest Asia theater of operations during the Persian Gulf War, as well as in Afghanistan, Syria, Djibouti, or Uzbekistan, on or after September 19, 2001. Id. The interim final rule shall apply to all qualifying claims applications that are received by VA on or after August 5, 2021, or that were pending before VA, on August 5, 2021. Id. The Veteran asserts that his shortness of breath began during his time in service and believes that it stems from exposure to hazardous environments while deployed to the Middle East. See VA 646 received October 2, 2019. Here, during the pendency of this appeal and after a May 2021 VA medical opinion was provided, presumptive service connection for allergic rhinitis has been recognized for veterans who served on active duty in the Southwest Asia theatre. A review of the Veteran's military personnel records and service treatment records (STRs) shows that he had service in Iraq, Kuwait, and Qatar. The Veteran was diagnosed with allergic rhinitis in 2019. As such, the Board finds that the Veteran has established active-duty service in the Southwest Asia theatre and has shown to be diagnosed with one of the chronic respiratory health conditions that has been presumptively linked to such service. Here, the Veteran developed allergic rhinitis, and in the absence of any evidence to the contrary, it is presumed to be associated with his exposure to particulate matter in service. Accordingly, service connection for allergic rhinitis is granted. MATTHEW W. BLACKWELDER Veterans Law Judge Board of Veterans' Appeals Attorney for the Board E. Fu, Associate Counsel The Board's decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.