Citation Nr: 18151606 Decision Date: 11/19/18 Archive Date: 11/19/18 DOCKET NO. 16-13 118 DATE: November 19, 2018 ORDER Entitlement to a compensable rating for residuals of a fractured nose is denied. FINDING OF FACT The Veteran’s fractured nose disability has not been manifested by 50 percent obstruction of the nasal passage on both sides or complete obstruction on one side. CONCLUSION OF LAW The criteria for a compensable evaluation for residuals of a fractured nose have not been met. 38 U.S.C. §§ 1155, 5107; 38 C.F.R. § 4.97, Diagnostic Code 6502. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from July 1972 to July 1976. This matter is before the Board of Veterans’ Appeals (Board) on appeal of a December 2015 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO). Disability ratings are determined by applying the criteria set forth in the VA Schedule for Rating Disabilities (Rating Schedule) and are intended to represent the average impairment of earning capacity resulting from disability. 38 U.S.C. § 1155; 38 C.F.R. § 4.1. At all relevant times since service connection became effective in July 1976, the Veteran’s residuals from a nose fracture have been rated as noncompensable. The Veteran contends his residuals from a fractured nose should be rated at a compensable level. He asserts that his nasal passage way is obstructed and it is hard for him to breathe through his nose. He also has sleep apnea and asserts that he cannot use a C-PAP machine at night to help him sleep because of the nasal fracture disability. The Veteran’s fractured nose residuals are evaluated under Diagnostic Code 6502. Under Diagnostic Code 6502, a 10 percent rating is assigned for a traumatic deviation of the nasal septum with 50 percent obstruction of the nasal passage on both sides or complete obstruction on one side. A noncompensable evaluation is assigned when the requirements for a compensable evaluation are not met. 38 C.F.R. § 4.31. The Veteran received a VA examination in December 2015. At that time, he was diagnosed with rhinitis and a traumatic deviated septum, which the Board reads as the Veteran’s service-connected fractured nose. The examiner did not find a greater than 50 percent obstruction of the nasal passage both sides or a complete obstruction on either side. There was no permanent hypertrophy of the nasal turbinates or nasal polyps. The Veteran did not have any granulomatous condition, scars, or any other pertinent conditions. The septum was midline without obstruction or gross deviation in the examination. The examiner did note the lateral nasal passage showed a 40 percent obstruction from moderate edema arising from the rhinitis (which is unrelated to the deviated septum/nasal fracture residual). It also arose from the middle to the superior wall of the left nasal passage and not the septum. In a similar manner, the right nasal passage showed a 30 percent obstruction of inferior lateral wall and not the septum. The VA examiner explained that the nasal lateral wall obstruction was congestion consistent with allergic rhinitis and not from the service-connected nasal fracture. Further, comparing his findings with the findings from the findings in service after the fracture occurred and treated, the slight depression of the nasal bone was unchanged. He determined there was no functional impairment and based upon the symptoms reported by the Veteran, neither his subjective symptoms nor objective findings are current residuals of the nasal fracture. The evidence of record establishes that since the Veteran filed his claim, his service-connected nose fracture residuals does not meet the criteria for a compensable evaluation. While the VA examiner noted some obstruction in the nasal area, he also determined it was due to allergic rhinitis and not the deviated septum, which is the only noted residual of the nose fracture. Furthermore, the Board notes the Veteran has a right nasal obstruction of 30 percent and a nasal obstruction of the left side of 40 percent; both of which are less than 50 percent or more obstruction of the nasal passage on both sides or a complete obstruction on one side. There is no medical evidence in significant conflict with the opinions of the VA examiner. Indeed, an otolaryngology consult in June 2013 noted the Veteran’s complaints that he cannot use his C-PAP at night and determined the Veteran had a night time nasal obstruction that the consultant believed to be due to environmental allergies. More recently, an ear, nose, and throat surgeon in September 2016 noted the Veteran’s complaints about his inability to use a C-PAP machine. He made no determination, however, that the posterior deviated septum he observed caused the Veteran’s difficulties with the C-PAP machine. He also did not find any nasal polyps or purulence. There is no other evidence of record to establish the Veteran’s nose fracture disability has caused any obstruction of his nasal passages. A veteran is competent to describe symptoms that he is able to perceive through the use of his senses and to give evidence about what he has experienced. See Jandreau v. Nicholson, 492 F.3d 1372 (Fed. Cir. 2007); Layno v. Brown, 6 Vet. App. 465, 469-71 (1994). In this regard, the Veteran has reported his difficulties breathing but the lay statements do not indicate that the Veteran has 50 percent obstruction of the nasal passage on both sides or complete obstruction on one side. The Board also recognizes the Veteran’s emphatic contention his problems are not due to allergic rhinitis. The Veteran has not shown that he has specialized training sufficient to render such an opinion. See Jandreau, 492 F.3d at 1376-77. Thus, the Board finds the opinion of the VA examiner to be significantly more probative than the Veteran’s lay assertions. Therefore, a compensable evaluation is not warranted under the Diagnostic Code 6502 during the entire appeal period. 38 C.F.R. §§ 4.3, 4.7. Nathan Kroes Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD Russell P. Veldenz, Counsel