Citation Nr: 21000903 Decision Date: 01/06/21 Archive Date: 01/06/21 DOCKET NO. 14-36 825 DATE: January 6, 2021 REMANDED Entitlement to a compensable rating prior to December 23, 2019, and in excess of 10 percent thereafter for allergic rhinitis is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Marine Corps from March 1986 to February 1990. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a January 2014 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO) which granted service connection for allergic rhinitis and assigned a noncompensable rating, effective January 25, 2013. In December 2018, the Veteran and his spouse provided testimony before the undersigned Veterans Law Judge. In April 2019, the Board remanded the appeal for further development. In July 2020, the RO increased the rating for allergic rhinitis to 10 percent, effective December 23, 2019. Although a higher rating has been assigned by the RO, the increased rating claim remains in appellate status as the maximum rating has not been assigned. See AB v. Brown, 6 Vet. App. 35, 38 (1993). Entitlement to a compensable rating prior to December 23, 2019, and in excess of 10 percent thereafter for allergic rhinitis, is remanded. In April 2019, the Board remanded the appeal to provide the Veteran with an updated VA examination, and to determine whether the Veteran’s additionally reported respiratory conditions, including pneumonia, bronchitis and sinusitis, were part of the service-connected disability picture. As the December 2019 VA examiner did not address these potential secondary conditions diagnosed during the appeal period, remand for addendum opinions is necessary. See Morgan v. Wilkie, 31 Vet. App. 162 (2019) (explaining that VA’s duty to maximize benefits may require it to consider secondary service connection as part of an increased rating claim). Moreover, the December 2019 VA examiner did not address the portion of the examination report necessary to separately rate sinusitis under DCs 6510-6514, were that condition to be secondary service-connected. As the Veteran asserts that his sinusitis is part and parcel of his service-connected disability, and sinusitis is not contemplated by the rating schedule for allergic rhinitis, a new VA examination is warranted that assesses the current severity of his sinusitis. Finally, the December 2019 VA examiner indicated the Veteran’s headaches were caused by rhinitis, while other evidence of record attributes the Veteran’s headaches to sinusitis, and this matter should also be clarified on remand. Any outstanding treatment records should also be secured. The matters are REMANDED for the following action: 1. Obtain all outstanding VA treatment records. 2. With any necessary assistance from the Veteran, obtain any outstanding relevant private treatment records. 3. Then schedule the Veteran for a VA examination with an examiner other than the December 2019 VA examiner to determine the current nature and severity of his rhinitis and any associated respiratory conditions, to include pneumonia, bronchitis, sinusitis and headaches. The claims file, including a copy of this remand, must be made available to the examiner for review in connection with the examination. The examiner should report all findings in detail, and should address the following: (a) Diagnose any upper respiratory disabilities present since January 2013, even if resolved, to include pneumonia, bronchitis, chest infections, and sinusitis. If no such diagnoses are found, please reconcile your finding with diagnoses of the same in August 2013, July 2015, and September 2015 VA treatment records. (b) For each disability diagnosed in part (a), please opine on whether it is at least likely as not (a 50 percent or greater probability) that such disability: (i) had its onset in service or is otherwise related to service. In addressing this question please comment on the Veteran’s complaints of his throat swelling and difficulty breathing and swallowing during service. See January 1989 STR (ii) is proximately due to his service-connected allergic rhinitis; or (iii) has been aggravated (worsened beyond natural progression) by his service-connected allergic rhinitis. (c) For diagnosed headaches, please opine on whether it is at least likely as not (a 50 percent or greater probability) that such disability: (i) is proximately due to allergic rhinitis (see December 2019 VA examination report); (ii) has been aggravated (worsened beyond natural progression) by his service-connected allergic rhinitis; (iii) is proximately due to any disability service-connected in part (b) above; or (iv). has been aggravated (worsened beyond natural progression) by any disability service-connected in part (b) above. The examiner should note that inquires (b)(ii)-(b)(iii) and (c)(i) - (iv) require two opinions: one for proximate causation and one for aggravation. Please note that it is not necessary that allergic rhinitis be service-connected, or even diagnosed, at the time his other respiratory disabilities and headaches are incurred, and reliance on this fact in support of a negative opinion will render it inadequate. A complete rationale must be provided for all opinions expressed. If unable to provide a medical opinion, provide a statement as to whether there is any additional evidence that could enable an opinion to be provided, or whether the inability to provide the opinion is based on the limits of medical knowledge. S. BUSH Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board R. Asante 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.