Citation Nr: 21063581 Decision Date: 10/14/21 Archive Date: 10/14/21 DOCKET NO. 11-30 536 DATE: October 14, 2021 REMANDED Entitlement to a higher disability rating for rhinitis, status post bilateral turbinectomy, currently evaluated as 30 percent disabling is remanded. Entitlement to a higher disability rating for sinusitis, status post bilateral turbinectomy, evaluated as 10 percent disabling prior to May 5, 2016, 30 percent prior to April 26, 2021, and 50 percent thereafter is remanded. REASONS FOR REMAND The Veteran served on active duty from June 1977 to August 1994. These matters come before the Board of Veterans' Appeals (Board) on appeal from a June 2009 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO) in Houston, Texas. In the June 2009 rating decision, the RO continued a 10 percent disability rating for combined rhinitis and sinusitis with headaches, status-post bilateral turbinectomy(sinusitis). In August 2015, the RO separated the two disabilities and continued a 10 percent evaluation for sinusitis and assigned a noncompensable evaluation for rhinitis. In a September 2016 rating decision, the RO increased the evaluations for rhinitis from noncompensable to 30 percent and sinusitis from 10 percent to 30 percent, both effective May 5, 2016. In a May 2021 rating decision, the RO increased the evaluation for sinusitis to 50 percent effective April 26, 2021. As these increases did not constitute full grants of the benefits sought, the Veteran's claims for increased ratings remained in appellate status. See AB v. Brown, 6 Vet. App. 35, 38-39 (1993). The Veteran presented testimony at a Travel Board hearing held at his local RO before the undersigned Veterans Law Judge (VLJ) in December 2015; transcripts of which have been associated with the record. These matters were previously remanded by the Board for additional development in March 2016, August 2017, and November 2020 and have now returned for further appellate review. 1. Entitlement to a higher disability rating for rhinitis, status post bilateral turbinectomy, currently evaluated as 30 percent disabling and entitlement to a higher disability rating for sinusitis with headaches, status post bilateral turbinectomy, currently evaluated as 10 percent disabling prior to May 5, 2016, 30 percent prior to April 26, 2021, and 50 percent thereafter is remanded. As there is considerable overlap in the applicable evidence for the Veteran's claims for entitlement to higher disability ratings for sinusitis and rhinitis, the Board will discuss the two claims together. Pursuant to the Board's November 2020 remand decision, the Veteran received a VA examination in April 2021 regarding the current severity of this service-connected sinusitis and rhinitis. The examiner was requested to provide an opinion regarding the severity of the Veteran's conditions after his August 2016 surgery (for treatment of inferior turbinate hypertrophy). The April 2021 examiner noted that the Veteran had several surgeries on his sinuses, but only acknowledged the surgeries that occurred in 1992, 1993, 1997, and 2008. The examiner wholly failed to discuss the Veteran's August 2016 surgery. Accordingly, the Board finds that remand is warranted to obtain an addendum opinion regarding the severity of the Veteran's service-connected sinusitis and rhinitis. Additionally, the Board observes that the April 2021 VA examiner noted that the Veteran was admitted to the emergency room for treatment on March 20, 2021, related to his service-connected sinus problems, was given multiple prescription medications, and received follow-up treatment from his primary physician, however the Veteran's file does not presently contain these records. As the aforementioned records may contain information pertinent to the Veteran's claim, the Board finds that remand is warranted to obtain these records. The matters are REMANDED for the following action: 1. Undertake appropriate development to associate with the record all available VA or private treatment records. Ask the Veteran to complete a VA Form 21-4142 for any relevant outstanding private treatment records, to specifically include any emergency room records from March 2021. Make two requests for the authorized records from any facility so identified, unless it is clear after the first request that a second request would be futile. 2. Obtain an addendum opinion from the April 2021 examiner addressing the effect of the Veteran's August 2016 surgery for treatment of inferior turbinate hypertrophy on the severity of the Veteran's service-connected sinusitis and rhinitis. The examiner should specifically address the severity of the Veteran's service-connected sinusitis and rhinitis from August 2016 through present. (Continued on next page) All opinions must include a detailed rationale. Providing an opinion without one will delay processing of the claim and may require clarification MICHAEL MARTIN Veterans Law Judge Board of Veterans' Appeals Attorney for the Board D. Gorum, 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.