Citation Nr: 18160216 Decision Date: 12/26/18 Archive Date: 12/26/18 DOCKET NO. 16-64 011 DATE: December 26, 2018 ORDER Entitlement to service connection for cervical dysplasia secondary to military sexual trauma (MST) is denied. REMANDED Entitlement to service connection for allergic rhinitis is remanded. Entitlement to a disability rating in excess of 20 percent for lumbar strain is remanded. FINDING OF FACT The Veteran does not have a current disability related to cervical dysplasia. CONCLUSION OF LAW The criteria for service connection for cervical dysplasia have not been satisfied. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from September 1982 to May 1994. These matters come before the Board of Veterans’ Appeals (Board) from a February 2015 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). Service Connection The Veteran asserts that she suffers from cervical dysplasia that was caused by her MST. Service connection cannot be awarded without a showing of a current disability. See 38 U.S.C. §§ 1110, 1131; 38 C.F.R. § 3.303; see also Shedden v. Principi, 381 F.3d 1163, 1167 (Fed. Cir. 2004). Cervical dysplasia is essentially a lab finding indicating the presence of abnormal cells in the cervix. There is no lay or medical evidence indicating that the Veteran’s cervical dysplasia results in functional impairment or impairs earning capacity. See Saunders v. Wilkie, 886 F.3d 1356, 1367-68 (Fed. Cir. 2018). As the evidence does not show a current disability, service connection for cervical dysplasia must be denied. See Brammer v. Derwinski, 3 Vet. App. 223, 225 (1992). REASONS FOR REMAND 1. Entitlement to service connection for allergic rhinitis The Veteran asserts that she began to suffer from allergic rhinitis when she was stationed in Germany. The Veteran’s service treatment records (STRs) show that she sought treatment for nose and throat issues. The Veteran submitted to a VA examination in March 2017. She was found to not suffer from any condition of the nose, throat, larynx, or pharynx. The examiner also reported that the Veteran has never been diagnosed with a condition that affects the nose, throat, larynx, or pharynx. As the examiner’s report does not reconcile the findings with the treatment records showing allergic rhinitis, further examination and opinion is necessary. For example, a January 2017 VA Womens Health Note lists an assessment of allergic rhinitis/sinusitis (asymptomatic on medication) and an October 2015 VA Primary Care Note includes an impression of acute allergic rhinitis. 2. Entitlement to a disability rating in excess of 20 percent for lumbar strain The Veteran asserts in her VA Form 9 that her January 2015 VA examination was not an adequate assessment of her back disorder and essentially suggests worse or worsening symptomatology. The Board finds an updated examination would be helpful in this case. The Veteran also stated she has incapacitating episodes due to her back. It is noted that an incapacitating episode is defined by regulation as a period of acute signs and symptoms due to intervertebral disc syndrome that requires bed rest prescribed by a physician and treatment by a physician. 38 C.F.R. § 4.71a, Formula for Rating Intervertebral Disc Syndrome Based on Incapacitating Episodes, Note (1). On remand, the Veteran is encouraged to identify any records showing doctor prescribed bed rest. The matters are REMANDED for the following action: 1. Ask the Veteran to identify all outstanding treatment records relevant to treatment for her allergic rhinitis and lumbar strain, to include records from all physicians who have prescribed her bed rest. All identified VA records should be added to the claims file. All other properly identified records should be obtained if the necessary authorization to obtain the records is provided by the Veteran. If any records are not available, or the Veteran identifies sources of treatment but does not provide authorization to obtain records, appropriate action should be taken (see 38 C.F.R. § 3.159(c)-(e)), to include notifying the Veteran of the unavailability of the records. 2. After records development is completed, schedule the Veteran for a VA examination to determine the current symptoms, level of severity, and functional impairment associated with her lumbar strain. The claims file should be reviewed by the examiner. All necessary tests should be performed and the results reported. 3. After records development is completed, the Veteran should be afforded a VA examination regarding her claimed allergic rhinitis. The claims file should be reviewed by the examiner. All necessary tests should be conducted and the results reported. The examiner should elicit a full history from the Veteran and consider the lay statements of record. It is noted that the Veteran is competent to attest to factual matters of which she has first-hand knowledge. If there is a medical basis to support or doubt the history provided by the Veteran, the examiner should provide a fully reasoned explanation. Following review of the claims file and examination of the Veteran, the examiner should provide an opinion as to whether it is at least as likely as not (50 percent probability or greater) that the Veteran’s allergic rhinitis initially onset during service or is otherwise related to an in-service injury, event, or disease. If the examiner determines the Veteran does not have allergic rhinitis now, the above opinion should still be offered regarding the previously diagnosed allergic rhinitis (see January 2017 VA Womens Health Note listing an assessment of allergic rhinitis/sinusitis and October 2015 VA Primary Care Note with an impression of acute allergic rhinitis). If the examiner is of the opinion the Veteran does not have and has not ever had chronic allergic rhinitis, the basis for that opinion should be fully explained. A rationale for all opinions expressed should be provided as the Board is precluded from making any medical findings. Nathan Kroes Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD Megan Shuster, Law Clerk