Citation Nr: 21069518
Decision Date: 11/18/21	Archive Date: 11/18/21

DOCKET NO. 19-20 647
DATE: November 18, 2021

REMANDED

Entitlement to service connection for sinusitis is remanded.

REASONS FOR REMAND

The Veteran served on active duty with the U.S. Air Force from September 1966 to September 1970. 

He testified at Board hearing in September 2021 before the undersigned Veterans Law Judge.  A transcript is associated with the record. 

1. Entitlement to service connection for sinusitis is remanded.

This issue is remanded for compliance with the September 2021 remand directives.  Previously, the matter was remanded to obtain a VA examination and opinion to determine the etiology of the claimed sinusitis.  The most recent September 2021 SSOC did not include the issue of entitlement to service connection for sinusitis.  It appears the matter was returned to the Board prior to issuance of another decision or completion of the development.  A November 2021 VA exam request letter indicates the RO continues to develop this claim and has requested an examination and opinion that has not yet been scheduled or provided.  On remand, if the claim remains denied the RO should issue an SSOC addressing all newly received evidence pertaining to the claim for service connection for sinusitis.

The matters are REMANDED for the following action:

1. Schedule the Veteran for a VA examination for his sinusitis.  The examiner must review the claims file.

If a diagnosis cannot be provided but the Veteran's condition manifests in symptoms that cause functional impairment, then the examiner should consider them a "disability" for the purpose of providing the requested opinion(s) below.

The examiner is asked to provide a response to the following: Is sinusitis at least as likely as not related to service, including exposure to hazardous chemicals used to maintain and fuel vehicles during service?  

Provide a rationale to support the opinion(s).  

In providing the requested opinion, consider the Veteran's description of his in-service duties and symptoms as well as his post-service symptoms.  

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If there is any medical reason to accept or reject the proposition that the Veteran's reported injury and symptoms in service and thereafter represented the onset of his current disability, this should be noted.  Stated another way, do the Veteran's reports about his symptoms align with how the currently diagnosed disability is known to develop or are the Veteran's reports generally inconsistent with medical knowledge or implausible?

 

 

H.M. WALKER

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	A. Price, Esq. 

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.