Citation Nr: 18115604
Decision Date: 07/02/18	Archive Date: 07/02/18

DOCKET NO. 14-27 851A
DATE:	July 2, 2018
REMANDED
Entitlement to service connection for rhinitis, to include as secondary to service-connected sleep apnea, is remanded.
REASONS FOR REMAND
The Veteran served on active duty from February 1982 to February 1986 and from March 1986 to March 2012.  
This matter comes to the Board of Veterans’ Appeals (Board) from a November 2012 rating decision. 
Entitlement to service connection for rhinitis, to include as secondary to service-connected sleep apnea, is remanded.
The Veteran contends that service connection is warranted for rhinitis.  Specifically, he claims that he developed sinus issues while in service and was diagnosed with non-allergic rhinitis.  Alternatively, he claims that his rhinitis is caused or aggravated by his service-connected sleep apnea. 
The Board cannot make a fully-informed decision on the issue of service connection for rhinitis.
While the November 2011 VA examiner found no pathology to render a diagnosis, it is not clear whether the examiner reviewed the Veteran’s service treatment records in which the Veteran was diagnosed with non-allergic rhinitis in November 2010 and chronic allergic rhinitis in May 2011 and that his symptoms were somewhat controlled with medications.  
Furthermore, no VA examiner has opined whether the Veteran’s rhinitis is proximately due to or aggravated by the use of his c-pap mask for his service-connected sleep apnea. 
Evidence indicates that there may be outstanding relevant VA treatment records.  In a January 2014 statement, the Veteran reported that he was treated at a VA Medical Center in 2012 and has continued to receive VA treatment for the disability on appeal.  Any VA treatment records are within VA’s constructive possession, and are considered potentially relevant to the issue on appeal.  A remand is required to allow VA to obtain them. 
The matter is REMANDED for the following actions:
1. Obtain the Veteran’s VA treatment records for the period from March 2012 to June 2014 and from July 2015 to the present.
2. Schedule the Veteran for an examination by an appropriate clinician to determine the nature and etiology of any rhinitis.  The examiner must opine whether the Veteran has a current diagnosis of rhinitis.  The examiner is asked to comment on the Veteran’s lay statements, and treatment records reflecting use of a nasal nebulizer and eye drops. 
If the examiner finds that the Veteran has a current diagnosis of rhinitis, the examiner must opine whether it is at least as likely as not related to an in-service injury, event, or disease, including a diagnosis of rhinitis while in service.  
If the examiner finds that the Veteran’s rhinitis is not related to service, the examiner must opine whether it is at least as likely as not (1) proximately due to service-connected disability, including use of a c-pap machine for sleep apnea, or (2) aggravated beyond its natural progression by service-connected disability.
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3. After completing the above, and any other development as may be indicated, the Veteran’s claim should be readjudicated based on the entirety of the evidence.  If the claim remains denied, the Veteran and his representative should be issued a supplemental statement of the case (SSOC).  An appropriate period of time should be allowed for response.  Thereafter, the case should be returned to the Board for further appellate consideration, if otherwise in order. 
 
K. PARAKKAL
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	S. Owen, Associate Counsel