Citation Nr: 20009710 Decision Date: 02/06/20 Archive Date: 02/05/20 DOCKET NO. 17-61 413 DATE: February 6, 2020 ORDER Entitlement to service connection for allergic rhinitis with recurrent sinusitis is granted. REMANDED Entitlement to service connection for bilateral hearing loss is remanded. Entitlement to service connection for tinnitus is remanded. FINDING OF FACT The Veteran has a current disability of allergic rhinitis with sinusitis that is related to his active duty service. CONCLUSION OF LAW The criteria for service connection for allergic rhinitis with sinusitis have been met. 38 U.S.C. §§ 1131, 5107 (2012); 38 C.F.R. §§ 3.102, 3.159, 3.303, 3.304 (2019). REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran was a member of the United States Coast Guard Reserves from June 1961 to June 1969, with a period of initial active duty training from August 1961 to February 1962. These matters come before the Board of Veterans’ Appeals (Board) on appeal from an August 2017 rating decision by the Oakland, California Regional Office (RO) of the United States Department of Veterans Affairs. The appellant testified at a 2019 hearing held before the undersigned Veterans Law Judge (VLJ). A transcript of the hearing is associated with the claims file. Service Connection Service connection may be established for disability resulting from personal injury suffered or disease contracted in the line of duty, or for aggravation of a preexisting injury suffered or disease contracted in line of duty, in the active military, naval, or air service. 38 U.S.C. §§ 1110, 1131. Service connection may also be granted for any disease diagnosed after discharge, when all the evidence, including that pertinent to service, establishes that the disease was incurred in service. 38 C.F.R. § 3.303 (d). In order to establish service connection on a direct basis, the record requires competent evidence showing: (1) the existence of a present disability; (2) in service incurrence or aggravation of an injury or disease; and (3) a causal relationship between the present disability and the disease or injury incurred or aggravated during service. Shedden v. Principi, 381 F.3d 1163, 1167 (Fed. Cir. 2004). In determining whether service connection is warranted for a disability, VA is responsible for determining whether the evidence supports the claim or is in relative equipoise, with the veteran prevailing in either event, or whether a preponderance of the evidence is against the claim, in which case the claim is denied. 38 U.S.C. § 5107; Gilbert v. Derwinski, 1 Vet. App. 49 (1990). When there is an approximate balance of positive and negative evidence regarding any issue material to the determination, the benefit of the doubt is afforded the claimant. The Veteran is seeking service connection for allergic rhinitis with sinusitis. Service treatment records (STRs) include a report of mild hay fever, and “allergies unknown” on an April 1964 report of medical history. STRs are negative for treatment of symptoms associated with allergic rhinitis and/or sinusitis in service. VA treatment records reflect the Veteran has a prescription for Fluticasone nasal spray taken daily for his nasal allergies. At his May 2019 hearing, the Veteran testified that his rhinitis began in his late teens while in service. The Veteran underwent a VA sinus examination in April 2017. The Veteran reported the onset of his symptoms in 1962 to 1963. He did not recall seeing a doctor, by stated that the condition has worsened. Subjective complaints include sneezing, raspy throat, itchy and watery eyes, runny nose at times, nasal and chest congestion. He reported taking Flonase and several other inhalers which help a little. Environment factors such as wind and dust worsen condition, as does the spring season. X-rays of the sinuses were unremarkable. The examiner determined it was at least as likely as not that the Veteran’s allergic rhinitis with sinusitis is related to service. The examiner noted that although there are no STRs related to allergies or sinusitis, the Veteran reported he did not seek medical treatment, but used over-the-counter medication. The examiner stated, “Giving the Veteran the benefit of doubt, it is my opinion that the Veteran’s allergies are at least as likely as not (50% or greater probability) incurred in or caused by events during service.” In August 2017, the VA examiner submitted an addendum opinion. The VA examiner stated that the Veteran did not have hay fever, a/k/a seasonal allergies, prior to military service. She stated that the Veteran’s hay fever (allergies) occurred during military service and have persisted to the present. The VA examiner stated that “Recurrent acute sinusitis is known to accompany seasonal allergies in some patients, as in this Veteran. Because the sinusitis is not chronic, the sinus x-rays would be expected to be normal, as they are.” The VA examiner concluded that “The Veteran’s current allergies/sinusitis is at least as likely as not incurred in and/or caused by the Veteran’s hay fever that occurred during military service.” Accordingly, service connection for allergic rhinitis with sinusitis is warranted. REASONS FOR REMAND The Veteran is seeking service connection for bilateral hearing loss and tinnitus. His VA treatment records show he wears hearing aids; however no audiometric testing records and/or treatment records are associated with the file, though the Veteran states he received such in connection with getting his hearing aids. A remand is required to obtain these records so that these issues may be properly adjudicated. Further, he reports exposure to naval gunfire noise in service which caused at least temporary hearing damage. When there is evidence of current disability, injury in service, and a potential link between the two, examination is required. McLendon v. Nicholson, 20 Vet. App. 79 (2006). The matters are REMANDED for the following action: 1. Obtain and associate all relevant outstanding VA treatment records with the claims file. In particular, obtain all audiology testing and treatment records and associate such with the file; any VISTA images must be associated with the claims file. 2. Schedule the Veteran for a VA Audio examination; the claims folder must be reviewed in connection with the examination. The examiner must identify any current hearing loss and tinnitus disabilities and opine as to whether such are at least as likely as not related to in-service noise exposure. 3. Upon completion of the above, and any additional development deemed appropriate (including VA examinations) readjudicate the remanded issues. If the benefits sought remain denied, the Veteran and his representative should be provided with a supplemental statement of the case. The case should then be returned to the Board for appellate review if otherwise in order. WILLIAM H. DONNELLY Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board M. M. Lunger, 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.