Citation Nr: 21073196
Decision Date: 12/07/21	Archive Date: 12/07/21

DOCKET NO. 19-02 385
DATE: December 7, 2021

REMANDED

Entitlement to a rating in excess of 10 percent for allergic rhinitis prior to February 1, 2020, and entitlement to a compensable rating from that date, to include on an extraschedular basis, is remanded.

REASONS FOR REMAND

The Veteran served on active duty from May 1987 to May 1991. 

A September 2019 Board decision denied entitlement to a rating in excess of 10 percent for allergic rhinitis. The Veteran appealed the denial to the United States Court of Appeals for Veterans Claims (Court). In a March 2021 Memorandum Decision, the Court set aside the September 2019 Board decision as to this issue, and remanded the matter for readjudication. 

In an interim October 2019 rating decision, the rating of the Veteran's allergic rhinitis was decreased to noncompensable (0 percent) effective February 1, 2020. The Veteran did not disagree with this reduction. As the September 2019 Board decision has been set aside, the Veteran's appeal continued and the rating for his allergic rhinitis for the entire period is before the Board. 

Entitlement to a rating in excess of 10 percent for allergic rhinitis prior to February 1, 2020, and entitlement to a compensable rating from that date, to include on an extraschedular basis is remanded.

On May 2019 VA contract examination, the Veteran reported that he was being treated by a private primary care provider and that he continued to have year-round allergies. This suggests that there are relevant outstanding private treatment records. A remand is required to allow VA to obtain authorization and request these records.

The Veteran's allergic rhinitis is manifested by symptoms that are not contemplated by the assigned schedular criteria or any of the Diagnostic codes for disease of the nose and throat.  See 38 C.F.R. § 4.97 Codes 6502-6524. These symptoms include congestion, sinus pressure, runny nose, and itchy, watery eyes.  The Veteran also suggests that he has experienced marked interference with employment due to his service-connected disability. The claim for an increased rating is being remanded and referred to VA's Director of Compensation Service for extraschedular consideration. Thun v. Peake, 22 Vet. App. 111 (2008).

The matters are REMANDED for the following action:

1. Obtain the names and addresses of all medical care providers who treated the Veteran for any allergy complaints since March 2017, to include his current primary care provider. After securing the necessary release, take all appropriate action to obtain these records, including copies of any outstanding VA treatment record since October 2019.   

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2. After the completion of the above, refer the Veteran's claim for an increased rating for allergic rhinitis to VA's Director of Compensation Service for extraschedular consideration.

 

L. BARSTOW

Acting Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Eric Struening

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.