Citation Nr: 18158165 Decision Date: 12/14/18 Archive Date: 12/14/18 DOCKET NO. 17-52 620 DATE: December 14, 2018 ORDER Entitlement to a compensable rating for service-connected rhinitis is denied. FINDING OF FACT The Veteran’s rhinitis has not been manifested by polyps or bilateral obstruction of the nasal passage greater than 50 percent or unilateral complete obstruction. CONCLUSION OF LAW Throughout the pendency of the appeal, the rating schedule criteria for a compensable rating for rhinitis have not been met. 38 U.S.C. §§ 1155, 5107; 38 C.F.R. § 4.97, Diagnostic Code 6522. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from January 2011 to April 2012, during this time he deployed to both Iraq and Afghanistan. He also had earlier periods of active duty. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a February 2017 rating decision by a Department of Veteran Affairs (VA) Regional Office (RO). Increased Ratings: Disability ratings are determined by applying the criteria set forth in the VA Schedule of 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. Separate diagnostic codes identify the various disabilities. Disabilities must be reviewed in relation to their history. 38 C.F.R. § 4.1. Other applicable, general policy considerations are: interpreting reports of examination in light of the whole recorded history, reconciling the various reports into a consistent picture so that the current rating many accurately reflect the elements of disability, 38 C.F.R. § 4.2; resolving any reasonable doubt regarding the degree of disability in favor of the claimant, 38 C.F.R. § 4.3; where there is a questions as to which of two evaluations apply, assigning a higher of the two where the disability pictures more nearly approximates the criteria for the next higher rating, 38 C.F.R. § 4.7; and, evaluating functional impairment on the basis of lack of usefulness, and the effects of the disability upon the person’s ordinary activity, 38 C.F.R. § 4.10. See Schafrath v. Derwinski, 1 Vet. App. 589 (1991). Because varying, distinct, degrees of disability may have been experienced over the course of the claim, the rating may be “staged” higher or lower for segments of time during the period under review in accordance with such variations. Hart v. Mansfield, 21 Vet. App. 505, 509-10 (2007). Thus, separate ratings can be assigned for separate periods of time based on the facts found - a practice known as “staged” ratings. Id. at 505. Also, separate ratings for distinct disabilities resulting from the same injury or disease can be assigned so long as the symptomatology for one condition is not duplicative of or overlapping with the symptomatology of the other condition. See Amberman v. Shinseki, 570 F.3d 1377, 1381 (Fed. Cir. 2009). However, the evaluation of the same disability or its manifestations under various diagnoses, which is known as pyramiding, is to be avoided. 38 C.F.R. § 4.14. 1. Entitlement to a compensable for service-connected rhinitis The Veteran disagrees with the assigned noncompensable rating, stating that his condition is severe and warrants a higher rating because he has either constant sinus pressure with pain or drainage, sore throat, and coughing. See October 2017 VA Form 9. He also stated these symptoms interfere with his sleep, cause headaches, effect his productivity in school, and have resulted in antihistamine medication, nasal spray, throat numbing spray, an inhaler, and the daily use of cough drops and cough syrup. See May 2017 Notice of Disagreement (NOD). The Veteran’s disability has been rated under Diagnostic Code 6522 for allergic or vasomotor rhinitis. Without polyps, and more than 50 percent obstruction of the nasal passage on both sides or a complete obstruction on one side a 10 percent rating is warranted. With polyps, the disability warrants a 30 percent rating assignment. 38 C.F.R. § 4.97, Diagnostic Code 6522. In August 2016, the Veteran underwent VA examination in connection with his claim for an increased rating for rhinitis, and at that time the examiner noted there was no change in diagnosis but indicated this condition was still active. The Veteran indicated his symptoms began in 2010 during his deployment to Iraq. He stated his condition had worsened, he had a constant runny that was worse at night and in the morning, and a dry mouth throughout the day. The Veteran also reported interrupted sleep resulting from severe coughing. He also stated he sometimes woke up with right ear pain and headaches from sinus pressure. The examiner indicated the Veteran did not have polyps. It was also noted that the Veteran had neither bilateral obstruction of the nasal passage greater than 50 percent nor complete unilateral obstruction. There were no imaging studies of the sinuses, no endoscopy, or biopsy performed; and the Veteran had not undergone pulmonary function testing. See August 2016 VA Examination. VA treatment records show he takes Claritin and Flonase with results that limit his flare-up of symptoms. As noted above, a compensable rating for rhinitis requires a 50 percent obstruction of the nasal passage on both sides or a complete obstruction on one side. The August 2016 VA examination and the other VA treatment records do not note findings of polyps, complete obstruction on one side, or a 50 percent obstruction on both sides of the nasal passages. As such, a compensable rating is not warranted for the Veteran’s rhinitis. The Board has also considered the applicability of other potential Diagnostic Codes. Here, the clinical evidence has not shown sinusitis, bacterial rhinitis, or granulomatous. Therefore, consideration under Diagnostic Codes 6513, 6523, and 6524 is not warranted. L. Chu Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD T. Vaughn, Associate Counsel