Citation Nr: 20043516 Decision Date: 06/26/20 Archive Date: 06/26/20 DOCKET NO. 20-05 415 DATE: June 26, 2020 ORDER Service connection for a chronic sinus condition, to include allergic rhinitis, is denied. FINDING OF FACT The weight of the probative evidence is against a finding that it is at least as likely as not (50 percent or greater) that the Veteran’s currently diagnosed allergic rhinitis either began during or was otherwise caused by his active service. CONCLUSION OF LAW The criteria for service connection for a chronic sinus condition have not been met. 38 U.S.C. § 1110; 38 C.F.R. §§ 3.303, 3.304. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran had active service from May 1965 to September 1972, to include service in the Republic of Vietnam. The Veteran was awarded a Combat Action Ribbon and a Purple Heart for his service.   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. 38 U.S.C. § 1110; 38 C.F.R. § 3.303. Service connection requires competent evidence showing: (1) the existence of a present disability; (2) in-service incurrence or aggravation of a disease or injury; 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). Service connection may also be established under 38 C.F.R. § 3.303(b), where a condition in service is noted but is not, in fact, chronic, or where a diagnosis of chronicity may be legitimately questioned. The continuity of symptomatology provision of 38 C.F.R. § 3.303(b) has been interpreted as an alternative to service connection only for the specific chronic diseases listed in 38 C.F.R. § 3.309(a). See Walker v. Shinseki, 718 F.3d 1331 (Fed. Cir. 2013). Service connection may also be established with certain chronic diseases based upon a legal presumption by showing that the disorder manifested itself to a degree of 10 percent disabling or more within one year from the date of separation from service. Such disease shall be presumed to have been incurred in service, even though there is no evidence of such disease during the period of service. 38 U.S.C. §§ 1101, 1112, 1113, 1137; 38 C.F.R. §§ 3.307, 3.309(a). While the disease need not be diagnosed within the presumption period, it must be shown, by acceptable lay or medical evidence, that there were characteristic manifestations of the disease to the required degree during that time. The Veteran filed a service connection claim for a sinus condition, which was denied by a November 2018 rating decision. The Veteran asserts that he has a chronic sinus condition due to his active service. Specifically, he asserts that during flight school he experienced left forehead pain and left nostril bleeding due to changes in altitude. He reported that he was grounded for two weeks in September 2019, then in February 2020, he reported he was grounded for four weeks. He also asserts that as he aged, he experiences more frequent and severe symptoms. The Veteran’s STRs prior to his active service in January 1961 show he had a normal physical examination. In February 1962, he reported having sinusitis but denied having hay fever. In January 1962 show that he denied having sinusitis or hay fever. In January 1963, he had a normal physical examination. In February 1964, he had a normal physical examination and denied having sinusitis or hay fever. At a December 1964 physical, he had a normal examination and continued to deny having sinusitis or hay fever. The Veteran’s STRs from his active service show that at a December 1965 annual examination, no defects were noted. In September 1966 and June 1967, he had normal physical examinations and denied having sinusitis or hay fever. In October 1967, he was suspended from special duty due to a sinus block. At November 1967, November 1970, and December 1971 annual examinations, no defects were noted. At an August 1972 physical, he had a normal examination. In September 1972, he had no evidence of a sinus infection. A veteran is presumed to have been in sound condition when examined, accepted, and enrolled for service except as to defects, infirmities, or disorders noted at the time of examination, acceptance, enrollment, or where clear and unmistakable evidence demonstrates that the injury or disease existed before acceptance and enrollment and was not aggravated by such service. 38 U.S.C. § 1111; 38 C.F.R. § 3.304. A preexisting injury or disease is considered to have been aggravated by active service where there is an increase in disability during such service, unless clear and unmistakable evidence shows that the increase in disability is due to the natural progress of the disease. 38 U.S.C. § 1153; 38 C.F.R. § 3.306. While the Veteran reported having sinusitis during his reserve service, he had normal examinations in January 1961, January 1963, February 1964, and December 1964. At his first annual examination during active service in December 1965, no defects were noted. He reported having sinusitis in February 1962, however, the Veteran’s STRs do not show any diagnosis of a chronic sinus condition prior to his active service. Indeed, the Veteran denied having sinusitis or hay fever at later examinations in January 1962, February 1964, and December 1964. As such, the presumption or soundness attaches to the Veteran regarding any reported sinus condition prior to active service. Such a conclusion is supported by the fact that the Veteran has not submitted any medical evidence showing that he clearly and unmistakably was diagnosed with a chronic sinus condition prior to his active service and his STRs show that he had normal examinations in January 1961, January 1963, February 1964, and December 1964. As such, the presumption of soundness attaches to the Veteran. After the Veteran’s separation from active service, the first evidence of a diagnosis of rhinitis is not until August 2013. In May 2018, he reported to his physician that he has had sinus issues since flight school. In November 2018, the Veteran was afforded a VA examination. The Veteran reported that in December 1967, he had a sharp pain in his left frontal sinus area after a rapid descent and since then had sinus problems that were getting worse. After reviewing the Veteran’s claims file, interviewing the Veteran, and conducting an examination, the examiner diagnosed the Veteran with allergic rhinitis. The examiner opined that the Veteran’s allergic rhinitis was less likely than not due to his active service. The examiner reported that the Veteran’s condition was acute only as there was no evidence of chronicity of care. The examiner reported that the Veteran’s separation examination from August 1972 was silent for any sinus symptoms. The examiner reported that the Veteran’s medical record contained no evidence of any complaints for more than 40 years. The Veteran has not submitted any medical evidence supporting his assertion that his allergic rhinitis was due to or the result of his active service. VA obtained a medical opinion in an effort to support the Veteran in establishing his claim. The VA examiner opined that the Veteran’s allergic rhinitis was less likely than not due to his active service. Moreover, the VA medical opinion was accompanied by a detailed explanation of how the examiner reached her conclusion, and specifically noted that the Veteran was treated for an acute sinus condition during his active service as the first evidence of treatment is over 40 years after his separation from service. Furthermore, the Veteran specifically asserted that his current allergic rhinitis was due to an event during flight training and not due to any combat experience. As such, 38 U.S.C. § 1154(b) is not applicable in this case. Therefore, after weighing all the evidence, the Board finds the greatest probative value in the VA examiner’s opinion, but also notes that the entirety of the medical evidence weighs against the conclusion that the Veteran’s allergic rhinitis either began during or was otherwise caused by his active service. Thus, the evidence fails to establish service connection for the Veteran’s allergic rhinitis. Consideration has been given to the Veteran’s allegation that his allergic rhinitis is due to his active service. He is clearly competent to report symptoms of a sinus condition. See Jandreau v. Nicholson, 492 F.3d 1372 (Fed. Cir. 2007); Buchanan v. Nicholson, 451 F.3d 1331 (Fed. Cir. 2006). However, while the Veteran may describe symptoms, he lacks the medical training or qualification either to diagnose allergic rhinitis or to relate it to any in-service injury or disease. Id. Accordingly, the criteria for service connection for a chronic sinus condition have not been met, and the Veteran’s claim is denied. Thomas H. O'Shay Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board T. Berryman, 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.