Citation Nr: 20043597
Decision Date: 06/29/20	Archive Date: 06/29/20

DOCKET NO. 17-17 740
DATE: June 29, 2020

ORDER

A 10 percent rating, but no higher, for allergic rhinitis is granted.

FINDING OF FACT

The Veteran’s allergic rhinitis disability is not manifested by polyps, but is manifested by symptoms consistent with total obstruction of alternating nasal passages, particularly at night.

CONCLUSION OF LAW

The criteria for a 10 percent rating, but not higher, for allergic rhinitis have been met.  38 U.S.C. §§ 1110, 1131, 1155, 5107(b); 38 C.F.R. §§ 4.1, 4.3, 4.7, 4.97, Diagnostic Code 6522.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from January 1979 to February 1999.  This matter is before the Board following his appeal of a June 2015 rating decision.  The Board then remanded this matter in February 2019.

The Veteran is seeking a compensable rating for his allergic rhinitis, which is rated under Diagnostic Code (DC) 6522.  Under DC 6522, a 10 percent disability rating is assigned for allergic rhinitis without polyps, but with greater than 50 percent obstruction of nasal passage on both sides or complete obstruction on one side.  A maximum 30 percent disability rating is assigned for allergic rhinitis with polyps. 38 C.F.R. § 4.97.

Here, the Veteran reports that because of his allergic rhinitis, he experiences blockages in both nasal passages and has difficulty sleeping at night.  In his March 2017 substantive appeal, he reported that he has to turn from side to side throughout the night in order to breathe.  He explained that his right nasal passage would become completely blocked, causing him to turn to his left side in order to breathe, at which time his left nasal passage would become blocked, causing him to turn to his right side, and so on and so forth.  During an October 2019 VA examination, the Veteran reported continued daily symptoms for which he required continuous medication.

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The Veteran is competent to report his inability to breathe through his nostrils at night due to obstruction, which is an observable condition, and his reports are deemed credible.  See Layno v. Brown, 6 Vet. App. 465, 469 (1994); Barr v. Nicholson, 21 Vet. App. 303 (2007).  Although there was apparently no nasal obstruction found during April 2015 and October 2019 VA examinations, the Board points out that as early as March 2005 the Veteran reported difficulty breathing primarily at night due to his allergic rhinitis, and there is no indication that either VA examination was performed at night.  

Thus, given the competent and credible lay testimony that the Veteran experiences complete blockage of his nasal passages at night, the Board finds that the criteria for a 10 percent rating for allergic rhinitis are more nearly approximated.  38 C.F.R. § 4.97, DC 6522.  However, as the April 2015 and October 2019 VA examinations showed no evidence of polyps, and the clinical evidence is similarly silent for evidence of nasal polyps, the Board finds that a higher 30 percent rating is not warranted.

 

 

S. C. Krembs

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	A. Fagan

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.