Citation Nr: 21000533
Decision Date: 01/05/21	Archive Date: 01/05/21

DOCKET NO. 15-00 941
DATE: January 5, 2021

REMANDED

Entitlement to a disability rating in excess of 10 percent for service-connected sinusitis is remanded.

REASONS FOR REMAND

The Veteran served on active duty from March to July 1984 and April 1986 to September 1989 in the United States Army.

Entitlement to a disability rating in excess of 10 percent for service-connected sinusitis is remanded.

Unfortunately, there has not been substantial compliance with the Board’s previous remand directives regarding the issue of entitlement to an increased rating for service-connected sinusitis.  Another remand is required.  Stegall v. West, 11 Vet. App. 268, 271 (1998).

The Board previously remanded the claim for an addendum opinion that, in part, requested the examiner to identify any symptoms associated with the Veteran’s maxillary mucous retention cyst.  Additionally, the Board sought an opinion on whether the condition warranted a rating separate from the Veteran’s sinusitis and, if not, referral for extraschedular rating consideration.  The September 2020 VA examiantion and opinion confirmed that the Veteran’s sinus cyst is not separate and distinct from her sinusitis, but did not address whether there were any symptoms associated with the cyst.  Furthermore, despite having confirmed that the cyst does not warrant a separate rating the Agency of Original Jurisdiction failed to refer the issue to the Director for Compensation Service for extraschedular consideration as directed by the Board.

The matters are REMANDED for the following action:

1.  Obtain an addendum opinion from an appropriate clinician identifying if the Veteran’s maxillary mucous retention cyst has any symptoms that are distinct from her sinusitis. 

2.  Refer the Veteran’s claim for an increased rating for service-connected sinusitis to VA’s Director of Compensation Service (Director) for extraschedular consideration.

The Director should specifically consider all symptomology associated with the Veteran’s maxillary mucous retention cyst which has been found to be a progression of her sinusitis.

 

 

M.E. Larkin

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	P.S. McLeod

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.