Citation Nr: A21017980 Decision Date: 11/08/21 Archive Date: 11/08/21 DOCKET NO. 200519-85364 DATE: November 8, 2021 REMANDED Entitlement to service connection for sinusitis is remanded. REASONS FOR REMAND The Veteran served on active duty from June 1980 to June 1995. This matter comes before the Board of Veterans' Appeals (Board) on appeal from an August 2019 rating decision of the Department of Veterans Affairs (VA) Agency of Original Jurisdiction (AOJ). In a May 2020 VA Form 10182, the Veteran selected Direct Review. 1. Entitlement to service connection for sinusitis is remanded. The Veteran's service treatment records show treatment for allergic rhinitis on several occasions, for which the Veteran is service connected. See Service treatment records dated in July 1987, July 1988, May 1989, June 1989, June 1991, June 1992, June 1993. However, the Veteran was also diagnosed as having sinusitis in August 1992 and April 1993. Further, in April 1994 he complained of sinus problems for four to five days. The Veteran was afforded a VA examination for sinusitis/rhinitis and other conditions of the nose, throat, larynx and pharynx in July 2019. The examiner found that the Veteran had a diagnosis of sinusitis, but concluded that it was not related to service. The examiner stated that, "During service, condition was acute only. There is no evidence of chronicity of care. A nexus has not been established." No further rationale was provided. The Board finds the July 2019 VA examination inadequate, as it is not supported by an adequate rationale. When VA undertakes to provide a VA examination or obtain a VA opinion, it must ensure that the examination or opinion is adequate. Barr v. Nicholson, 21 Vet. App. 303, 312 (2007). The RO's failure to provide the Veteran an adequate VA examination constitutes a pre-decisional duty to assist error, and the Veteran's claim must be remanded so that he can be afforded the appropriate VA examination prior to adjudication. 38 C.F.R. § 20.802(a). The matters are REMANDED for the following action: 1. Schedule the Veteran for a VA examination (or telehealth interview, review of the record, etc. if an in-person examination is not feasible) to obtain a medical opinion concerning his sinusitis. The examiner should ask that the Veteran provide a complete history of any sinus symptoms and treatment. The examiner must opine whether it is at least as likely as not that the Veteran's diagnosed sinusitis had its clinical onset during service or is related to an incident of service. In providing this opinion, the examiner should consider the following: the service treatment records showing treatment for allergic rhinitis in July 1987, July 1988, May 1989, June 1989, June 1991, June 1992, and June 1993; the service treatment records showing treatment for sinusitis in August 1992 and April 1993, as well as complaints of sinus problems for four to five days in April 1994; and the June 2019 x-ray showing a diagnosis of right-sided maxillary sinusitis. In providing the requested opinion, the examiner should consider the Veteran's description of any in-service sinus symptoms as well as any post-service sinus symptoms. If there is any medical reason to accept or reject the proposition that the Veteran's 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? The examiner must provide a rationale for all opinions. P.M. DILORENZO Veterans Law Judge Board of Veterans' Appeals Attorney for the Board T. Mohammad 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.