Citation Nr: 21071219 Decision Date: 11/30/21 Archive Date: 11/30/21 DOCKET NO. 17-51 471 DATE: November 30, 2021 REMANDED Entitlement to service connection for a sinus disability is remanded. REASONS FOR REMAND The Veteran had active service in the United States Army from May 1974 to July 1977. This case comes to the Board of Veterans' Appeals (Board) on appeal from an October 2013 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) which is the Agency of Original Jurisdiction (AOJ). The Veteran expressed timely disagreement with the AOJ's determination, and the present appeal ensued. The Veteran's claim was previously before the Board in November 2019 when it was remanded for further development. Entitlement to service connection for a sinus disability is remanded. Although the further delay is regrettable, the Board finds that additional development is needed before the Veteran's claim on appeal can be decided. The November 2019 Board remand directed the AOJ request relevant federal records from the United States Air Force Base in Kaiserslautern, Germany. The AOJ sent the Veteran a subsequent development letter in July 2020, requesting the Veteran provide the specific months and years of treatment for his sinus condition while he was stationed in Kaiserslautern, Germany. Although the Veteran did not respond to the development letter, as the record still does not show that VA made exhaustive requests to obtain relevant treatment records in the custody of a federal entity, the issue is remanded. 38 C.F.R. § 3.159(c)(2). The Board reminds the Veteran that the duty to assist the Veteran in the development of evidence pertinent to his claim is not a "one-way street," and his failure to provide the necessary information within his possession prevents VA from assisting him in this matter. Wood v. Derwinski, 1 Vet. App. 190, 193 (1991). Additionally, the Board finds a remand necessary to provide the Veteran with a VA examination to determine the nature and etiology of his claimed disability. McLendon v. Nicholson, 20 Vet. App. 79, 81-86 (2006). A medical examination or medical opinion is necessary in a claim for service connection when there is (1) competent evidence of a current disability or persistent or recurrent symptoms of a disability, (2) evidence establishing that an event, injury, or disease occurred in service or establishing certain diseases manifesting during an applicable presumptive period for which the claimant qualifies, and (3) an indication that the disability or persistent or recurrent symptoms of a disability may be associated with the Veteran's service or with another service-connected disability, but (4) insufficient competent medical evidence on file for the Secretary to make a decision on the claim. Id. The Veteran's treatment records indicate he has a history of chronic sinusitis, and sinus and respiratory problems. Therefore, giving the Veteran the benefit of the doubt, the Board finds adequate evidence of a current disability satisfying the first element under McLendon. Further, the Veteran and his representative contend his sinus disability is a residual from the in-service fracture of his skull and nose, and the Veteran has provided photographs from his time in-service with gauze around his forehead, nose, and cheeks. As such, the Board will tentatively find evidence satisfying the second element under McLendon. Regarding the third and fourth elements, there is an indication that his sinus disability could be related to the fracture of his nose in-service, but there is insufficient competent medical evidence on file to make a decision on the claim. As the four McLendon elements are satisfied, the Board finds a remand necessary so that the Veteran can be afforded an appropriate VA examination and etiological opinion. The matters are REMANDED for the following action: 1. Request copies of the Veteran's treatment records from the U. S. Air Force Base, located in Kaiserslautern, Germany. The requests for records should continue until it is determined that the records either do not exist or that further requests would be futile. If such a determination is made, this must be documented. 2. Thereafter, schedule the Veteran for an appropriate VA examination to determine the nature and etiology of the Veteran's sinus disability. The claims file must be reviewed by the examiner. After a review of the claims file, the examiner is asked to address the following: (a.) Identify all sinus disabilities. (b.) For each identified disability, determine if it is at least as likely as not (i.e., a 50 percent or greater probability) that the sinus disability was incurred in service. In providing the requested opinions, the examiner should consider the Veteran's competent claims regarding observable symptoms he has experienced. The VA examination report must include a competent rationale for all opinions expressed. 3. Then, readjudicate the claim. If any decision is unfavorable to the Veteran, issue a supplemental statement of the case, and allow the appropriate time for response. Then, return the case to the Board. Michael J. Skaltsounis Veterans Law Judge Board of Veterans' Appeals Attorney for the Board S. W. Morgan, 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.