Citation Nr: 21008100 Decision Date: 02/11/21 Archive Date: 02/11/21 DOCKET NO. 15-03 404 DATE: February 11, 2021 ORDER Entitlement to an initial compensable disability rating for service-connected chronic rhinitis is denied. FINDING OF FACT For the entire appeal period, the Veteran’s chronic rhinitis was not manifested by greater than 50 percent obstruction of nasal passage on both sides, complete obstruction on one side, or polyps. CONCLUSION OF LAW The criteria for an initial compensable disability rating for chronic rhinitis are not met. 38 U.S.C. §§ 1155, 5107; 38 C.F.R. §§ 4.1, 4.3, 4.7, 4.59, 4.97, Diagnostic Code (DC) 6522. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from March 1993 to February 1999, from September 2005 to June 2006 and from December 2009 to January 2011 with additional reserve service. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a May 2013 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). This matter was previously before the Board in March 2019. In relevant part, the Board remanded the increased rating issue and remanded the claim of entitlement to service connection for a sinus disorder for issuance of a statement of the case. The Board notes a statement of the case addressing the sinusitis service connection claim was issued in June 2020. A substantive appeal was not received; thus, no additional action in this regard is warranted. The Board finds that there has been substantial compliance with the prior remand instructions and no further action is necessary. See D’Aries v. Peake, 22 Vet. App. 97 (2008). Entitlement to an initial compensable disability rating for service-connected chronic rhinitis The Veteran contends that an initial compensable rating is warranted for his service-connected rhinitis. Disability ratings are determined by applying a schedule of ratings that is based on average impairment of earning capacity. Separate diagnostic codes identify the various disabilities. 38 U.S.C. § 1155; 38 C.F.R., Part 4. Each disability must be viewed in relation to its history and the limitation of activity imposed by the disability should be emphasized. 38 C.F.R. § 4.1. Examination reports are to be interpreted in light of the whole recorded history, and each disability must be considered from the point of view of the veteran working or seeking work. 38 C.F.R. § 4.2. All reasonable doubt will be resolved in the claimant’s favor. 38 C.F.R. § 4.3. Where there is a question as to which of two disability evaluations shall be applied, the higher evaluation is to be assigned if the disability picture more nearly approximates the criteria required for that rating. Otherwise, the lower rating is to be assigned. 38 C.F.R. § 4.7. Separate ratings can be assigned for separate periods based on the facts found – a practice known as “staged” ratings. Fenderson v. West, 12 Vet. App. 119 (1999); Hart v. Mansfield, 21 Vet. App. 505 (2007). Staged ratings are appropriate whenever the factual findings show distinct periods where the service-connected disability exhibits symptoms that would warrant different ratings. Id. In general, all disabilities, including those arising from a single disease entity, are rated separately, and all disability ratings are then combined in accordance with 38 C.F.R. § 4.25. Pyramiding, the evaluation of the same disability, or the same manifestation of a disability, under different diagnostic codes, is to be avoided when rating a veteran’s service-connected disability. 38 C.F.R. § 4.14. It is possible for a Veteran to have separate and distinct manifestations from the same injury which would permit rating under several diagnostic codes, however, the critical element in permitting the assignment of several ratings under various diagnostic codes is that none of the symptomatology for any one of the disorders is duplicative or overlapping with the symptomatology of the other disorder. See Esteban v. Brown, 6 Vet. App. 259, 261-62 (1994). The basis of disability evaluation is the ability of the body as a whole, or of the psyche, or of a system or organ of the body to function under the ordinary conditions of daily life including employment. 38 C.F.R. § 4.10. Chronic rhinitis is evaluated under 38 C.F.R. § 4.97, DC 6522. A 10 percent rating is warranted without polyps, but with greater than 50 percent obstruction of nasal passage on both sides or complete obstruction on one side. A 30 percent rating is warranted with polyps. After a review of all the lay and medical evidence of record, the Board finds that the Veteran’s chronic rhinitis was not manifested by greater than 50 percent obstruction of nasal passage on both sides, complete obstruction on one side, or with polyps. VA examinations conducted in June 2011 and November 2019 did not reveal greater than 50 percent obstruction in both nasal passages, complete obstruction on one side, or any nasal polyps. Although the Veteran’s VA treatment records note occasional nasal obstruction, the record does not support that these obstructions were greater than 50 percent in both nasal passages or complete on one side. See May 2019, June 2018, September 2011 and August 2011 VA Treatment Records. Further, the subsequent November 2019 VA examination did not reveal any obstruction. The Board has also considered DCs 6518 (laryngectomy) and 6521 (injuries to the pharynx). 38 C.F.R. § 4.97. However, those diagnostic codes are not applicable as there is no evidence of a prior laryngectomy, pharynx injury, pharynx stricture or pharynx obstruction. Finally, the Board acknowledges the Veteran’s complaints of sinus pressure, headaches, frequent sinus infections, that the disability affects him daily, that he has blood when he blows his nose and that he loses sleep due to sinus congestion. However, service connection for sinusitis is not in effect and the Veteran’s service-connected rhinitis is not productive of symptoms to warrant the assignment of a compensable rating. Accordingly, the Veteran’s claim for an initial compensable rating for his service-connected chronic rhinitis must be denied. In reaching this decision, the Board has considered the doctrine of reasonable doubt but has determined that it is not applicable because the preponderance of the evidence is against the claim, and the claim for an initial compensable rating for allergic rhinitis is denied. C. CRAWFORD Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board S. Battaile 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.