Citation Nr: 21063786 Decision Date: 10/15/21 Archive Date: 10/15/21 DOCKET NO. 15-21 764 DATE: October 15, 2021 REMANDED Entitlement to service connection for chronic sinusitis is remanded. Entitlement to service connection for headaches is remanded. REASONS FOR REMAND The Veteran had active service from April 1970 to March 1972. This matter comes before the Board of Veterans' Appeals (Board) on appeal from an April 2014 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO). The Veteran requested a hearing before the Board on his June 2015 VA Form 9 (substantive appeal). The hearing was scheduled for November 2018. However, the Veteran did not appear for the scheduled hearing or subsequently request that a new hearing be scheduled. His hearing request is thus considered withdrawn. The Board remanded these issues in March 2021. For reasons discussed herein, the RO is not in substantial compliance with the Board's directives on remand. Stegall v. West, 11 Vet. App. 268 (1998). Unfortunately, the Board finds that the Veteran's claims must be remanded again, to ensure compliance with the directives of the prior remand. As previously stated, the Board remanded the issues of entitlement to service connection for chronic sinusitis and headaches to obtain an addendum opinion that addressed questions regarding in-service treatment for sinus symptoms and headaches, the Veteran's reports of in-service exposure to gas and oil fumes from the heating unit in his barracks, and his reports of chronic symptoms since service. While an opinion was obtained in April 2021, it does not address these questions. Instead, the examiner referred to a March 2005 VA treatment note to speculate that the Veteran's sinus symptoms may be related to seasonal allergies and that the Veteran presented for mild headaches in 2005. In addition, the examiner merely copied the March 2014 VA examiner's rationale verbatim, although that opinion was already deemed inadequate. The rationale which was copied is as follows: "There is one mention of epistaxis (single episode), without sequelae or treatment in STRs. It is impossible to link a single nosebleed to 40+ years of what sounds like seasonal sinusitis/rhinitis and headaches. This is not service connected." Accordingly, the Board finds a lack of substantial compliance with the March 2021 Remand directives regarding the Veteran's claims on appeal. Compliance with a remand is not discretionary, and failure to comply with the terms of a remand necessitates remand for corrective action. Stegall, 11 Vet. App. at 270-71 (remand by the Board confers on the Veteran, as a matter of law, a right to compliance with the remand instructions, and imposes upon VA a duty to ensure compliance with the remand). The matters are REMANDED for the following action: A VA medical opinion should be obtained by an appropriate, different clinician to determine the nature and etiologies of the Veteran's chronic sinusitis and headaches. If an examination is deemed necessary to provide an etiology opinion, please schedule one. The entire claims file, including a complete copy of this Remand, should be made available to and be reviewed by the clinician, and the clinician should note such review. The examiner is asked to: a. Opine whether it is at least as likely as not (a 50 percent or greater probability) that the Veteran's chronic sinusitis began during active service, was caused by service, or is otherwise related to service. b. Opine whether it is at least as likely as not (a 50 percent or greater probability) that the Veteran's headaches began during active service, were caused by service, or are otherwise related to service. In answering questions a and b above, the examiner must specifically address the following: i. An October 1970 service treatment record of sinus symptoms. ii. A 1971 service treatment record noting a history of headaches due to blurred vision while reading. iii. The Veteran's reports of in-service exposure to gas and oil fumes from the heating unit in his barracks. (Continued on the next page) iv. The Veteran's reports of chronic symptoms since service. A complete rationale must be provided for all opinions or conclusions expressed. The Veteran is competent to report that he has had symptoms of chronic sinusitis and headaches since service. If there is a medical basis to support or doubt the history provided by the Veteran, the examiner should provide a fully reasoned explanation. A. J. Spector Veterans Law Judge Board of Veterans' Appeals Attorney for the Board T. Trowers, 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.