Citation Nr: 18106959 Decision Date: 06/01/18 Archive Date: 05/31/18 DOCKET NO. 14-39 467 DATE: June 1, 2018 ORDER Entitlement to service connection for an allergy disability, claimed as allergic rhinitis and recurrent sinusitis, is granted. REMANDED Entitlement to service connection for a right leg disability is remanded. FINDING OF FACT The Veteran’s allergy disability had its onset in service or is otherwise etiologically related his active service. CONCLUSION OF LAW The criteria for service connection for the Veteran’s allergy disability, claimed as allergic rhinitis and recurrent sinusitis, are met. 38 U.S.C. §§ 1110, 1111, 5107(b); 38 C.F.R. §§ 3.102, 3.303(a). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from July 2002 to September 2008. The Veteran testified before a Decision Review Officer (DRO) in April 2013. A transcript of this hearing is associated with the claims file. With respect to the Veteran’s service connection claim for an allergy disability, the Board notes that the Veteran originally filed his claim in June 2009. The claim characterized as one for sinusitis was denied in a February 2010 rating decision. Additional evidence in support of his claim was associated with the claims file within one year of the rating decision and, therefore, the decision did not become final. 38 C.F.R. § 3.156(b) (2017). An August 2011 rating decision confirmed and continued the previous denial, and the Veteran filed a timely appeal. The Board will therefore proceed with the claim for entitlement to service connection for an allergy disability, claimed as allergic rhinitis and recurrent sinusitis, on a merits consideration, as opposed to a petition to reopen the claim based on new and material evidence. Service Connection The Veteran contends that he has an allergy disability, diagnosed as allergic rhinitis and sinusitis, related to his service in Iraq. Specifically, he alleges he was exposed to gases, fumes, oil fires, smoke from burning trash, dust, sand and other environmental pollutants. The Board concludes that the Veteran has a current diagnosis of sinusitis and allergic rhinitis that began during active service. 38 U.S.C. §§ 1110, 5107(b); Holton v. Shinseki, 557 F.3d 1363, 1366 (Fed. Cir. 2009); 38 C.F.R. § 3.303(a). The Board has considered various service treatment records referencing allergy disorder complaints. For example, a March 2007 treatment record noted a diagnosis of sinusitis. In-service records also note allegations by the Veteran of exposure to environmental pollutants. Additionally, a February 2008 treatment record noted treatment for an upper respiratory infection. Post-service treatment records first reflect complaints related to allergies in August 2009 at a VA general examination. The VA examiner noted that with respect to the Veteran’s sinuses, he had allergic rhinitis which was reported to have started in February of 2005. The Veteran was diagnosed with allergic rhinitis. Subsequent treatment records have also noted a diagnosis of sinusitis. In this case, there is no dispute that Veteran is competent to report symptoms of an allergy disorder, because this requires only personal knowledge as it comes to him through his senses. Layno v. Brown, 6 Vet. App. 465, 470 (1994). In such cases, the Board is within its province to weigh that testimony and to make a credibility determination. The Board finds the Veteran’s statements to be credible, as there is internal consistency, facial plausibility, and consistency with other evidence submitted on behalf of the claimant. Caluza v. Brown, 7 Vet. App. 498 (1995). In this regard, he has consistently provided a history of in-service onset of an allergy disorder. A review of the Veteran’s service treatment records confirms these contentions. Moreover, the Veteran has submitted several statements from his mother attesting that he has experienced longstanding allergy problems since service. His statements, and those of his mother, have remained consistent throughout the record. The medical records confirm his allegations of continued allergy problems. The Board notes that a negative January 2014 VA medical opinion is of record. Unfortunately, the VA examiner’s opinion incorrectly noted that the Veteran did not have a current diagnosis of sinusitis. A January 2016 VA treatment record specifically notes a diagnosis of sinusitis. Moreover, the VA examiner did not consider the Veteran’s continuous complaints of allergic rhinitis since service when making his opinion. The Board places little probative value on this medical opinion. While VA could undertake additional development with respect to his disability (to obtain an additional etiological opinion), based on the fact that the Veteran was treated for allergy issues in service, continued to complain of similar symptomatology shortly after service, and continues to suffer from problems associated with allergies, the Board will resolve all reasonable doubt in favor of the Veteran. See 38 U.S.C. § 5107 (2012); 38 C.F.R. § 3.102 (2017). The nature and extent of the problem related to service is not before the Board. Accordingly, the Board concludes that a grant of service connection for an allergy disability, claimed as allergic rhinitis and recurrent sinusitis, is warranted. REASONS FOR REMAND Further evidentiary development is required prior to reviewing the issue remaining on appeal. Entitlement to service connection for a right leg disability is remanded. The Veteran asserts that he has a right leg disability related to service. Although the Veteran underwent a VA examination in January 2014, the VA examiner did not provide a medical nexus opinion regarding his right leg, presumably because his leg was noted to be normal at that time. However, the Board notes that service treatment records reflect that the Veteran was treated in June 2005 for right knee pain. Moreover, he continues to assert continuing issues with his right leg. The Board finds that an additional VA examination and opinion are needed to address the Veteran’s contentions. The matters are REMANDED for the following action: Arrange for the Veteran to undergo a VA examination to determine the nature and etiology of his right leg disability. Any necessary testing should be conducted. The claims file must be reviewed in conjunction with the examination, and the examiner must indicate that such review occurred. The examiner must provide a diagnosis for each right leg disability found to be present. For each such diagnosis, the examiner must provide an opinion on: Whether it is at least as likely as not (a probability of 50 percent or greater) that any right leg disability had its clinical onset during the Veteran’s active duty service or is otherwise etiologically related to his active service. Any opinion offered should be accompanied by a clear rationale consistent with the evidence of record. If the examiner finds it impossible to provide any part of the requested opinion without resort to pure speculation, he or she should so indicate and provide a rationale as to why such a finding is made. CAROLINE B. FLEMING Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD A.M. Clark, Counsel