Citation Nr: 18146654 Decision Date: 11/01/18 Archive Date: 10/31/18 DOCKET NO. 08-33 966 DATE: November 1, 2018 ORDER Entitlement to service connection for rhinosinusitis is granted. FINDING OF FACT Resolving all reasonable doubt in his favor, the Veteran’s rhinosinusitis is related to his active service. CONCLUSION OF LAW The criteria for service connection for rhinosinusitis are met. 38 U.S.C. §§ 1131, 5103, 5103A, 5107; 38 C.F.R. §§ 3.102, 3.159, 3.303. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from June 1961 to May 1964. Historically, the Board denied service connection for rhinosinusitis in May 2017. The Veteran appealed that decision to the United States Court of Appeals for Veterans’ Claims (Court). In November 2017, the Court issued an Order that vacated the Board’s May 2017 decision and remanded the matter on appeal for adjudication consistent with the instructions outlined in a November 2017 Joint Motion for Remand (JMR) by the parties. This matter was most recently before the Board in May 2018 when it was remanded for additional development. Service connection may be granted for a disability resulting from disease or injury incurred in or aggravated by active duty. 38 U.S.C. § 1131; 38 C.F.R. § 3.303. With an approximate balance of positive and negative evidence on a relevant issue, VA resolves reasonable doubt in the claimant’s favor. 38 U.S.C. § 5107; 38 C.F.R. § 3.102; Gilbert v. Derwinski, 1 Vet. App. 49 (1990). To deny a claim on its merits, the evidence must preponderate against the claim. Alemany v. Brown, 9 Vet. App. 518 (1996). The Veteran claims that he has a chronic sinus disorder, to include rhinosinusitis, as a result of his military service. He contends that his current chronic sinus disorder first manifested during his period of active service when he developed symptoms of nasal drainage and other sinus-related problems that have continued since that time. In addition, he claims that his exposure to rainy weather and cigarette smoke in service caused sinus problems which have persisted since service. See January 2008 VA Form 21-526, April 2012 and November 2015 VA examination reports. Service treatment records dated from 1961 to 1964 show that the Veteran was treated for upper respiratory infections and cold symptoms while in service, including in December 1961, May 1962 and March 1963. Additionally, the December 1961 treatment record reflects that the Veteran reported an “off and on cough and cold” throughout his time in service. That the Veteran has a current diagnosis of rhinosinusitis is not in dispute. See private and VA treatment records dated from 1994 to 2018. Thus, the current disability requirement is met. After having carefully reviewed the record, resolving reasonable doubt in favor of the Veteran and weighing the evidence both in support of and against the claim, the Board finds that the evidence is in relative equipoise as to whether the Veteran has rhinosinusitis related to service. Significantly, in a September 2012 private medical opinion (submitted to VA in December 2015), Dr. D opined that the Veteran’s rhinosinusitis was related to his military service. He based this opinion on a review of the Veteran’s medical history, including his service treatment records and post-service surgeries in the 1990’s. Additionally, a July 2018 VA examiner indicated (in pertinent part) that she saw room to give the Veteran the benefit of the doubt that his current sinus disability is a continuation of the symptoms he suffered during service. Moreover, the record establishes that the Veteran has credibly and consistently maintained that he has had sinus problems since service. His statements establish continuous and chronic symptoms of rhinosinusitis since service. See 38 U.S.C. § 1131; 38 C.F.R. § 3.303(a); Shedden v. Principi, 381 F.3d 1163, 1166-67 (Fed. Cir. 2004); Charles v. Principi, 16 Vet. App. 370 (2002). The is no evidence to refute these statements. Consequently, the Board finds that the evidence supports the grant of service connection for rhinosinusitis. The Board acknowledges that April 2012 and November 2015 VA examiners opined that the Veteran did not have rhinosinusitis related to service. The VA examiners’ conclusions are medical conclusions that the Board cannot ignore or disregard (see Willis v. Derwinski, 1 Vet. App. 66 (1991)); however, the Board is free to assess medical evidence and is not compelled to accept a medical opinion. See Wilson v. Derwinski, 2 Vet. App. 614 (1992). The Board notes that the 2012 VA examiner provided insufficient reasons and bases for her opinion and the 2015 VA examiner did not consider the 2012 positive nexus opinion. Again, the Veteran is credible to testify as to the onset of his sinus disability and the other medical evidence noted above supports the Veteran’s claim.   Resolving all doubt in the Veteran’s favor, service connection for rhinosinusitis is granted. See 38 C.F.R. § 3.102; Gilbert, supra. A. ISHIZAWAR Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD K.R.Fletcher, Counsel