Citation Nr: 20009906 Decision Date: 02/06/20 Archive Date: 02/05/20 DOCKET NO. 19-05 123 DATE: February 6, 2020 ORDER An initial increased disability rating in excess of 10 percent, for the service-connected non-allergic rhinitis is denied. FINDING OF FACT At no time during the current appeal period has the presence of nasal polyps been shown. CONCLUSION OF LAW The criteria for entitlement to an increased disability rating in excess of 10 percent for the Veteran’s service-connected non-allergic rhinitis have not been met. 38 U.S.C. § 1155 (2012); 38 C.F.R. §§ 3.102, 4.97, Diagnostic Code 6522 (2018). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served in the Army on active service from January 2008 to June 2012. Disability ratings are determined by evaluating the extent to which a veteran’s service-connected disability adversely affects his ability to function under the ordinary conditions of daily life, including employment, by comparing his symptomatology with the criteria set forth in the Rating Schedule. 38 U.S.C. § 1155; 38 C.F.R. §§ 4.1, 4.2, 4.10. If two evaluations are potentially applicable, the higher evaluation will be assigned if the disability picture more nearly approximates the criteria required for that evaluation; otherwise, the lower evaluation will be assigned. 38 C.F.R. § 4.7. Allergic or vasomotor rhinitis is rated under Diagnostic Code 6522. Under Diagnostic Code 6522, allergic rhinitis warrants a 10 percent rating when there are no nasal polyps but there is greater than 50 percent obstruction of nasal passages on both sides or complete obstruction on one side. A maximum rating of 30 percent is warranted when polyps are present. 38 C.F.R. § 4.97, Diagnostic Code 6522. A claimant is entitled to the benefit of the doubt when there is an approximate balance of positive and negative evidence on any issue material to the claim. 38 U.S.C. § 5107; 38 C.F.R. § 3.102 (providing, in pertinent part, that reasonable doubt will be resolved in favor of the claimant). When the evidence supports the claim or is in relative equipoise, the claim will be granted. Gilbert v. Derwinski, 1 Vet. App. 49, 55 (1990). If the preponderance of the evidence weighs against the claim, it is denied. Alemany v. Brown, 9 Vet. App. 518, 519 (1996). The Veteran contends that his service-connected non-allergic rhinitis is more severe than is indicated by the current 10 percent rating. At a September 2016 VA examination, the Veteran reported increased nasal symptoms an earlier VA examination. The Veteran indicated that he treats his nasal symptoms with a saline nasal spray and Nasonex. Despite the Veteran’s contentions that his nasal symptoms have worsened, the examiner at the September 2016 VA examination noted that certain symptoms improved. Notably, the examiner reported that there was not a greater than 50 percent obstruction of the nasal passage on either side of the nose due to rhinitis. Additionally, the examiner indicated that there was not a complete obstruction on the left or right side of the nose due to rhinitis. Significantly, the examiner also determined there were no nasal polyps. Further, at a March 2018 primary care visit, the Veteran reported chronic uncontrolled allergic rhinitis symptoms. The doctor prescribed medications for the Veteran’s complaints. The Board acknowledges the Veteran’s complaints of “chronic uncontrolled” allergic rhinitis symptoms, to include congestion, nasal infections, frequent nose bleeds and a chronic running nose. The Board has also considered the fact that the Veteran has been prescribed, and takes, medication for these symptoms. Significantly, however, the fact remains that the competent medical evidence of record does not reflect the presence of nasal polyps. Therefore, the next higher rating of 30 percent for this service-connected disability is not warranted. 38 C.F.R. § 4.97, Diagnostic Code 6522. In sum, the competent medical evidence of records shows that nasal polyps have not been shown throughout the appeal period. Accordingly, the preponderance of the evidence shows a rating higher than 10 percent for the Veteran’s service-connected non-allergic rhinitis is not warranted. THERESA M. CATINO Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board M. Dourmashkin, Law Clerk 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.