Citation Nr: 21004410 Decision Date: 01/27/21 Archive Date: 01/27/21 DOCKET NO. 16-36 924 DATE: January 27, 2021 ORDER An initial rating greater than 10 percent for allergic rhinitis is denied. FINDING OF FACT The Veteran’s allergic rhinitis is without polyps and was manifested by greater than 50 percent obstruction of the nasal passage on both sides. CONCLUSION OF LAW The criteria for an initial rating greater than 10 percent for allergic rhinitis have not been met. 38 U.S.C. §§ 1155, 5107; 38 C.F.R. §§ 4.1, 4.3, 4.97, Diagnostic Code (DC) 6522. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty in the United States Army from May 1970 to January 1972. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a June 2016 rating decision. The Board remanded the claim in August 2018 in order to obtain an updated VA examination. The Board finds that there has been substantial compliance with the remand directives. Stegall v. West, 11 Vet. App. 268 (1998). Disability ratings are determined by applying the criteria set forth in VA’s Schedule for Rating Disabilities. The percentage ratings are based on the average impairment of earning capacity and individual disabilities are assigned separate diagnostic codes. 38 U.S.C. § 1155; 38 C.F.R. § 4.1. Any reasonable doubt regarding a degree of disability will be resolved in favor of the veteran. 38 C.F.R. § 4.3. The Veteran’s allergic rhinitis was rated at 10 percent in the June 2016 rating decision. A 10 percent rating is warranted when there is allergic rhinitis without polyps, but with greater than 50-percent obstruction of nasal passage on both sides or complete obstruction on one side. 38 C.F.R. § 4.97, DC 6522. A 30 percent rating is warranted when there is allergic rhinitis with polyps. Id. The Board finds that a rating greater than 10 percent is not warranted. The Veteran was afforded a VA examination in August 2019. The examiner found that the Veteran had allergic rhinitis with obstruction greater than 50 percent of the nasal passage on both sides, consistent with a 10 percent rating. However, the examiner noted no nasal polyps, granulomatous condition, or rhinoscleroma. The Veteran’s medical records also note allergic rhinitis; however, the records are silent for any nasal polyps or any granulomatous or rhinoscleroma condition. The Board has considered if a compensable rating is available under another diagnostic code. However, the Veteran though lacks a granulomatous or rhinoscleroma condition that would allow for a higher rating under another diagnostic code for rhinitis. The August 2019 VA examination also noted a diagnosis of sinusitis. However, in order to establish a compensable rating for sinusitis there must be a finding of incapacitating episodes as a result of the diagnosed sinusitis. 38 C.F.R. § 4.97, DC 6522. The examiner noted no incapacitating episodes as a result of the diagnosed sinusitis. As such, a higher rating is not available under another diagnostic code. Lastly, although the Veteran contends that he has polyps that warrant a higher rating, as a lay person who is not trained in the field of medicine, the Veteran is not competent to offer an opinion addressing the diagnosis of polyps. Jandreau v. Nicholson, 492 F.3d 1372, 1377 n.4 (Fed. Cir. 2007). Therefore, the Board finds that the preponderance of the evidence is against an increased rating for allergic rhinitis. As a preponderance of the evidence weighs against the claim, the benefit-of-the-doubt rule does not apply. 38 U.S.C. § 5107; 38 C.F.R. § 4.3. As such, a rating higher than 10 percent is denied. JOHN Z. JONES Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Jorge Barroso, Associate 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.