Just got 0% rating from VA for chronic rhinitis under the Pact Act. I thought this was supposed to be presumptive. Any suggestions?

SFC Jim Freshour — Sun, 12 Nov 2023 16:22:47 -0500

Response by COL Randall C. made Nov 12 at 2023 5:26 PM

COL Randall C. — Sun, 12 Nov 2023 17:26:38 -0500

For a claim to be service-connected, you need to show:
1) You have a disabling condition (i.e., medical documentation);
2) That you were serving in the military (active duty, on military orders as a reservist, etc.), possibly during a specified time period or location;
3) That a linkage between the two exists. This can either be by showing that the disabling condition developed while on military service or that there was a proximate cause that occured during your service if you developed the condition after your discharge.

For a presumptive condition, you normally have to show that you were at a specified location during a certain time period and/or that you were serving in the military during a certain timeframe and that you have a disabling condition (items #1 and #2). If you show that, then the linkage is assumed to have been service-connected.

In your case, under the PACT Act all you needed to prove was that you served in those specified locations during the specified timeframes* and the service connection is established (it is presumed that if you have a condition it was caused by your service at those locations during that time-frame).

That's one part.

The second is to determine HOW disabling the condition is to the veteran. From your description, it sounds that the chronic rhinitis was deemed as service-connected, but that you were rated as 0% disabling.

Look at the notice the VA sent you, there should be a condition code on it that will match up to a determination*. There should be a detailed explanation on how the adjudication was made* that it was 0% (0% rating is called a "non-compensable disability"). 0% means "you have it, but it doesn't impact you at the moment. If it develops further, file a supplemental claim for reevaluation".

Bottom line - the medical evidence that was evaluated didn't show that your rhinitis was disabling to any degree.

On the positive side, a non-compensable disability does bring with it eligibility for many VA benefits*.

If you disagree with that rating, then you can have it go through the Decision Review process* (used to be called the "Appeals process"). You'll have three options - Supplemental Claim, Higher-level review, or to take it to an Appeals Board.

Are you working with someone (state veterans affairs representative, representative from a VSO, etc) or are you doing the claim yourself? If the later, you really should talk connect with a representative as they will be knowledgeable in your options and can give you the best 'real-time' advice on what to do.
--------------------------------------------
* PACT Act eligibility for presumptive exposure to burn pits:
● Service in any of these locations on or after September 11, 2001: Afghanistan, Djibouti, Egypt, Jordan, Lebanon, Syria, Uzbekistan, Yemen, or the airspace above any of these locations
● Service in any of these locations on or after August 2, 1990: Bahrain, Iraq, Kuwait, Oman, Qatar, Saudi Arabia, Somalia, The United Arab Emirates (UAE), or the airspace above any of these locations

* Disability ratings are covered in Subpart B, of Part 4, to Chapter I in the Title 38 Code of Federal Regulations - https://www.ecfr.gov/current/title-38/chapter-I/part-4/subpart-B

* The PROCESS the adjuacator follows is laid out in the VA's manual - https://www.knowva.ebenefits.va.gov/system/templates/selfservice/va_ssnew/help/customer/locale/en-US/portal/ [login to see] 01018/content/ [login to see] 80967/M21-1-Part-V-Subpart-iii-Chapter-4-Section-A-Respiratory-Conditions

* Decision Reviews and appeals - https://www.va.gov/decision-reviews/

* Non-compensable disability benefit eligibility - https://www.va.gov/resources/non-compensable-disability/

38 CFR Part 4 Subpart B -- Disability Ratings

Response by SP5 Peter Keane made Nov 12 at 2023 6:41 PM

SP5 Peter Keane — Sun, 12 Nov 2023 18:41:19 -0500

Too many people thinking that the PACT act is going to be the deciding factor in disability claims. The rating structure of each condition HAS NOT changed. The PACT just says you can service connect based on being exposed, by being in one of the locations listed. The presumption is that the exposure can be used as casuing a condition, you still need to have the condition to the extent specified in 38 USC

Response by SGM Bill Frazer made Nov 12 at 2023 6:44 PM

SGM Bill Frazer — Sun, 12 Nov 2023 18:44:05 -0500

Same for me, they said because I did not require surgery to fix it, I couldn't get a higher rating.

Response by SFC William Stephens made Nov 13 at 2023 7:17 PM

SFC William Stephens — Mon, 13 Nov 2023 19:17:58 -0500

JUST FYI... DON'T GIVE UP BUT WHEN LEFT WRAMC IN 2008 WHERE THEY KEPT ME FROM MY NEW BORN AND MY WIFE BECAUSE OF MY PTSD- I WAS 50%, IN 2014 WHEN I LEFT M Y FAMILY I FOUGHT FOR MY PTSD RATING AGAIN. I GOT 75% THEN, I STARTED HAVING TROUBLE AT MY GOVERNMENT JOB AFTER 12 YEARS, SO A FRIEND TOLD ME ABOUT A LAWFIRM JANEDILLS. THEY ARE 99% + ON GETTING ALL THEIR VETERANS 100%. SO IF YOU ARE HAVING PROBLEM WITH THE PACT ACT. CHECK THEM OUT.

THE SYSTEM WORKS BROTHER.

NEVER GIVE UP.

STEPHENS

Response by CMSgt Marcus Falleaf made Nov 13 at 2023 10:07 PM

CMSgt Marcus Falleaf — Mon, 13 Nov 2023 22:07:36 -0500

Same here. I went through the burn pits in Jordan.

Response by SSgt Christophe Murphy made Nov 13 at 2023 11:01 PM

SSgt Christophe Murphy — Mon, 13 Nov 2023 23:01:39 -0500

It's not an automatic check in the box. You have to connect your current condition to your service record and to your medical record. You need supporting documentation.

Response by SSG Laurie Mullen made Nov 14 at 2023 12:36 PM

SSG Laurie Mullen — Tue, 14 Nov 2023 12:36:14 -0500

Did they acknowledge that it is service connected and rated you 0%. I have contact dermatitis on my fingers that the VA says is service connected, but because it covers less than 1% of my body I get 0%. They should have given you a little more explanation in the letter.

Response by SP5 John Hien made Nov 15 at 2023 7:10 PM

SP5 John Hien — Wed, 15 Nov 2023 19:10:59 -0500

Chronic rhinitis is not a presumptive condition under the PACT Act. If you’re confident the condition was due to your military service, file a claim through a veterans service officer and present the evidence backing up your claim.

Response by Sgt Loyd Douglass made Nov 15 at 2023 10:58 PM

Sgt Loyd Douglass — Wed, 15 Nov 2023 22:58:40 -0500

As long as it says 'service connection was granted for chronic rhinitis with an evaluation of '0' percent' it is considered a covered condition. If it is not covered your rating letter says 'service connection was denied' for xyz condition. A 0% rating means it does not meet the standards set in the guidelines for a more significant level of impact on your function/health. It also means you can apply for rating increases if your condition worsens.

Response by 1SG Arturo Corpuz II, PhD made Nov 15 at 2023 11:52 PM

1SG Arturo Corpuz II, PhD — Wed, 15 Nov 2023 23:52:36 -0500

At 0% you are service connected. Any higher percentages would need specific symptoms. Check out the CFR.

Response by CSM Darieus ZaGara made Nov 16 at 2023 6:40 AM

CSM Darieus ZaGara — Thu, 16 Nov 2023 06:40:00 -0500

You will only recieve a number above Zero by displaying how the condition affects you in your daily life. As the 1SG stated zero is a rating, it just comes with no benefit. If your condition affects your daily routine in a negative manner you need to have your doctor annotate in your record and request a review by the VA.

Response by SSG Private RallyPoint Member made Nov 16 at 2023 9:55 AM

SSG Private RallyPoint Member — Thu, 16 Nov 2023 09:55:51 -0500

0% means they found it "not disabling" although they did rule it to be service-connected due to it being presumptive for a particular area you served in. If you feel it is disabling or getting worse, you can appeal that 0%.

Response by SSG Private RallyPoint Member made Nov 16 at 2023 12:33 PM

SSG Private RallyPoint Member — Thu, 16 Nov 2023 12:33:25 -0500

Same response as SFC Jim Freshour. Have been receiving medications for high blood pressure from VA for years to maintain blood pressure.

Response by SSG Private RallyPoint Member made Nov 16 at 2023 1:34 PM

SSG Private RallyPoint Member — Thu, 16 Nov 2023 13:34:56 -0500

My response was for Agent Orange High Blood Pressure application over many years and receiving care from VA with medications to treat my Blood Pressure. Reading the response, I must stop my current medication to get my blood pressure up to gain approval for high blood pressure. Makes no sense. Well, I left as is.

Response by LTC Alea Morningstar made Nov 16 at 2023 2:34 PM

LTC Alea Morningstar — Thu, 16 Nov 2023 14:34:42 -0500

chronic rhinitis is a RUNNY NOSE. Get real

Response by PO2 Ed Taylor made Nov 17 at 2023 4:45 AM

PO2 Ed Taylor — Fri, 17 Nov 2023 04:45:46 -0500

CONTACT YOUR LOCAL VA REP\ VFW REP\ OR AMERICAN LEGION REP.
THESE PEOPLE ARE WELL VERSED ON HELPING AND SPONSORING BETS APPLICATIONS
FOR BENEFIT FOR VERS

Response by SGM Private RallyPoint Member made Nov 21 at 2023 10:00 AM

SGM Private RallyPoint Member — Tue, 21 Nov 2023 10:00:30 -0500

Jim, good question. The short answer, is that it was granted due to it being a presumptive condition.
The long answer is that all four Hickson Elements have been met: qualifying service, a diagnosed medical condition, a nexus (or link) between your service and your claimed disabilit, and it has to be a chronic condition. For VA purposes, as long as your condition(s) are annotated in your health record, at least once a year, then you will continue to have met all elements.
A 0% rating is simply where your reported symptoms don't meet the threshold for compensation, but the VA has acknowledged that all four elements have been met.
You can request a Supplemental Review and provide your own and/or others' lay statements, as additional evidence, along with more treatment records between the date the VA received your Intent to File, or Claim and the date on the Decision Letter.
Here is an excerpt from 38 CFR Book C, Schedule for Ratings - Diseases of the Nose and Throat. Retrieved from: https://www.benefits.va.gov/WARMS/bookc.asp#i.
6514 Sinusitis, sphenoid, chronic.

General Rating Formula for Sinusitis (DC’s 6510 through 6514):
Following radical surgery with chronic osteomyelitis, or; near
constant sinusitis characterized by headaches, pain and
tenderness of affected sinus, and purulent discharge or
crusting after repeated surgeries 50
Three or more incapacitating episodes per year of sinusitis requiring
prolonged (lasting four to six weeks) antibiotic treatment, or;
more than six non-incapacitating episodes per year of sinusitis
characterized by headaches, pain, and purulent discharge or
crusting 30
One or two incapacitating episodes per year of sinusitis requiring
prolonged (lasting four to six weeks) antibiotic treatment, or;
three to six non-incapacitating episodes per year of sinusitis
characterized by headaches, pain, and purulent discharge or
crusting 10
Detected by X-ray only 0

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Response by Lt Col Scott Shuttleworth made Dec 4 at 2023 5:21 PM

Lt Col Scott Shuttleworth — Mon, 04 Dec 2023 17:21:50 -0500

Itis presumptive. A zero rating may sound like nothing but a zero rating means ithappened on active duty and it is service connected. A no rating is a bad thing. With a zero rating you can always petition to have it upgraded should you have issues and you can get VA to take care of it as well. So a long story short a 0% rating may not be what you hoped for but it is still a service connected rating.