Citation Nr: 20002564 Decision Date: 01/13/20 Archive Date: 01/10/20 DOCKET NO. 14-38 991 DATE: January 13, 2020 ORDER Entitlement to service connection for a sinus disorder is denied. FINDING OF FACT The preponderance of the evidence of record is against finding that the Veteran has had a sinus disorder at any time during or approximate to the pendency of the claim. CONCLUSION OF LAW The criteria for service connection for a sinus disorder have not been met. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. § 3.303. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran had active service from July 1955 to July 1961 and from July 1995 to December 1995. In December 2017, the Veteran testified at a video hearing before the undersigned. A transcript of that hearing is of record. In May 2018, the Board remanded the Veteran’s claim for an examination and medical opinion. In March 2019, the RO granted entitlement to service connection for cyst, vocal cord (claimed as vocal cord disability), at an initial rate of 10 percent under the diagnostic criteria for laryngitis. Service Connection Service connection will be granted if the evidence demonstrates that a current disability resulted from an injury or disease incurred in or aggravated by active military service, even if the disability was initially diagnosed after service. 38 U.S.C. §§ 1110, 1131; 38 C.F.R. § 3.303(a). Establishing service connection generally requires (1) medical evidence of a current disability; (2) medical or, in certain circumstances, lay evidence of in-service incurrence or aggravation of a disease or injury; and (3) evidence of a nexus between the claimed in-service disease or injury and the present disability. Shedden v. Principi, 381 F.3d 1163, 1167 (Fed. Cir. 2004). Service connection may be granted for any disease initially diagnosed after service when all the evidence, including that pertinent to service, establishes that the disease was incurred in service. 38 C.F.R. § 3.303(d). 1. Entitlement to service connection for a sinus disorder The first element is not met because the preponderance of the evidence is against the existence of current sinus disorder. A May 2019 VA sinus examination indicates that the Veteran does not have a current diagnosis of a sinus disorder. In an accompanying medical opinion, the VA examiner states that the Veteran “does not currently have a diagnosis of sinusitis, nor are his primary complaints consistent with dose of sinusitis,” even though the Veteran “may have suffered several acute episodes of upper respiratory irritation and/or inflammation during his time in service.” The examiner further notes that “nasal endoscopy and laryngoscopy results also fail to document findings consistent with sinusitis.” Further, “[n]either the [V]eteran’s [o]tolaryngologist or surgeon, who performed his vocal cord surgery, have documented a diagnosis of sinusitis in any of their records, dating back to 2011.” The Board notes that in April 2015 correspondence, the Veteran describes continuous treatment “for severe sinus and asthma condition” since December 1995. The Veteran is considered competent to testify regarding respiratory symptoms because they are within the knowledge and personal observations of lay witnesses. Barr v. Nicholson, 21 Vet. App. 303, 309 (2007). Consistent with this report, the May 2019 VA examiner also specifically considered the Veteran’s description of “chronic sore [throat], associated with nose bleeds in 1995 after daily exposure to jet fuel and fumes” with “chronic hoarseness since that time, progressing to difficulty swallowing” for which the Veteran “has been prescribed antihistamines and antacids without relief of his throat issues.” The May 2019 VA medical opinion further concludes that it is less likely than not that a current sinus disorder is related to service. The rationale is that the Veteran does not have a current disorder, based on physical examination and private treatment records. According to the examiner, any in-service incidence of sinus problems was “acute.” Rather, the Veteran’s current symptoms are the result of his service-connected vocal cord cyst which, as noted previously, is now rated as 10 percent disabling under the diagnostic criteria for laryngitis. This medical opinion is probative because it is based on a review of the record and contains clear conclusions with supporting data connected by a reasoned medical explanation. Nieves-Rodriguez v. Peake, 22 Vet. App. 295, 301–02 (2008). Unfortunately, while the Veteran is considered competent to report observable symptoms, he is not considered competent to report a current diagnosis of a sinus disorder. The Board will therefore ascribe greater weight to the conclusions of the May 2019 VA examiner, who considered these symptoms but concluded that the Veteran does not have a current sinus disorder, noting further that documented endoscopy and laryngoscopy did not document findings consistent with sinusitis, and that neither the Veteran’s otolaryngologist or surgeon, who performed his vocal cord surgery, have documented a diagnosis of sinusitis in any of their records, dating back to 2011 Accordingly, based on all of the foregoing, the Board finds that a preponderance of the evidence is against the existence of a current diagnosis of a sinus disorder, and that entitlement to service connection for a sinus disorder is therefore not warranted. Michael J. Skaltsounis Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board B. Cannon, Associate Counsel The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential, and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.