Citation Nr: 21000829 Decision Date: 01/06/21 Archive Date: 01/06/21 DOCKET NO. 17-23 647 DATE: January 6, 2021 ORDER Entitlement to an initial compensable rating for a deviated nasal septum is denied. FINDING OF FACT The record evidence shows that the Veteran’s service-connected deviated nasal septum is not manifested by 50 percent obstruction of the nasal passage on both sides or complete obstruction on one side. CONCLUSION OF LAW The criteria for entitlement to an initial compensable rating for a deviated nasal septum have not been met. 38 U.S.C. §§ 1155, 5107 (2012); 38 C.F.R. §§ 4.1, 4.2, 4.7, 4.97, Diagnostic Code (DC) 6502 (2019). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran had active service from February 1960 to April 1962. A videoconference Board hearing was held in May 2019 before the undersigned Veterans Law Judge and a copy of the hearing transcript has been added to the record. In January 2020, the Board remanded the currently appealed claim to the Agency of Original Jurisdiction (AOJ) for additional development. A review of the claims file shows that there has been substantial compliance with the Board’s remand directives. The Board directed that the AOJ schedule the Veteran for updated examination to determine the current nature and severity of his service-connected deviated nasal septum. This examination occurred in October 2020. See Stegall v. West, 11 Vet. App. 268 (1998); see also Dyment v. West, 13 Vet. App. 141 (1999) (holding that another remand is not required under Stegall where the Board’s remand instructions were substantially complied with), aff’d, Dyment v. Principi, 287 F.3d 1377 (2002). The Veteran appointed his current representative to represent him before VA by filing a completed VA Form 21-22 at the AOJ in April 2020. The AOJ granted service connection for neck injury residuals (which was characterized as degenerative arthritis C3-4 with intervertebral disc disease at C3 4) in an October 2020 rating decision. Accordingly, an issue relating to service connection for this disability is no longer in appellate status. See Grantham v. Brown, 114 F.3d 1156 (1997). The Board finds that the preponderance of the evidence is against granting the Veteran’s claim of entitlement to an initial compensable rating for a deviated nasal septum. Despite the Veteran’s lay assertions and Board hearing testimony to the contrary, the record evidence shows that this disability is not manifested by 50 percent obstruction of the nasal passage on both sides or complete obstruction on 1 side (as is required for a minimum 10 percent rating under DC 6502). See 38 U.S.C. § 4.97, DC 6502 (2019). As the Board previously noted in the January 2020 remand, it appears that this claim has been pending since at least March 1975. The record evidence dated during this time period shows that, although the Veteran has complained of and sought treatment for a deviated nasal septum since his service separation, it does not result in any compensable disability. For example, the Veteran’s available service treatment records show that, on outpatient treatment on September 20, 1961, he reported being struck in the face by a tree branch on field maneuvers. Physical examination showed abrasions on the nasal bridge and a questionable depression in the lateral nasal bone which probably was an old deformity. X-rays showed a probable fracture of the right nasal bone. Subsequent x-rays of the Veteran’s facial bones taken on September 25, 1961, showed no fracture or dislocation. In other words, these records confirm that the Veteran experienced a deviated nasal septum during service. Following his service separation in April 1962, the Veteran had surgery to correct his deviated nasal septum several decades later in March 1989 at a private hospital. The surgical records show that the pre-operative diagnoses included deviated nasal septum. The surgical procedures performed were submucous resection, bilateral inferior turbinectomy, and nasal reconstruction. A private brain magnetic resonance imaging (MRI) scan taken in February 2013 showed abnormal signal intensity within the right maxillary sinus “which may represent imaging artifact versus a cyst such as a[n] ependymal cyst.” On VA sinusitis Disability Benefits Questionnaire (DBQ) in December 2013, no relevant complaints were noted. The VA examiner reviewed the Veteran’s electronic claims file, including his service treatment records and post-service VA treatment records. This examiner stated that the Veteran’s deviated nasal septum “appeared to be caused by an old Fracture.” There was not at least 50 percent obstruction of the nasal passages on both sides due to traumatic septal deviation. There also was no complete obstruction on 1 side due to traumatic septal deviation. The diagnosis was deviated nasal septum (traumatic). On VA sinusitis DBQ in October 2020, the Veteran’s complaints included nasal drainage, difficulty breathing, and daily post-nasal drip. The VA examiner reviewed the Veteran’s electronic claims file, including his service treatment records and post-service VA treatment records. A traumatic deviated septum was present but did not result in 50 percent obstruction of the nasal passage on both sides or complete obstruction on 1 side. The diagnosis was deviated nasal septum (traumatic). Contrary to the Veteran’s lay assertions and Board hearing testimony, the record evidence shows that his service-connected deviated nasal septum is not manifested by 50 percent obstruction of the nasal passage on both sides or complete obstruction on 1 side (as is required for a minimum 10 percent rating under DC 6502). Id. The Board acknowledges that the Veteran experienced a deviated nasal septum during active service and complained of and sought treatment for this disability several decades after his service separation. The Board also acknowledges that the Veteran finds this disability painful and difficult to deal with on a daily basis. The more probative medical evidence, however, shows that he does not meet the criteria necessary for a compensable rating. VA examinations conducted in December 2013 and in October 2020 confirmed that the service-connected deviated nasal septum is not manifested by 50 percent obstruction of the nasal passage on both sides or complete obstruction on one side. The Veteran has not asserted that he has more blockage than that shown on examination. The Veteran finally has not identified or submitted any evidence demonstrating his entitlement to an initial compensable rating for his service-connected deviated nasal septum. Thus, the Board finds that the criteria for an initial compensable rating for deviated nasal septum have not been met. R. FEINBERG Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Michael T. Osborne, 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.