Citation Nr: 21014645 Decision Date: 03/15/21 Archive Date: 03/15/21 DOCKET NO. 14-37 512 DATE: March 15, 2021 REMANDED Entitlement to service connection for a respiratory disability, to include sinusitis and bronchitis is remanded. REASONS FOR REMAND The Veteran served in the United States Army Reserves from December 1991 to October 2002, with a period of active duty service from June 1993 to August 1993. These matters come before the Board of Veterans’ Appeals (Board) on appeal from an October 2013 rating decision of the Regional Office (RO) of the Department of Veterans Affairs (VA). In April 2018, the Veteran testified before the undersigned at a hearing via videoconference. A transcript of his testimony has been associated with the claims file. The Board acknowledges that at the onset of the appeal, the Veteran also appealed the denial of service connection for his tinnitus and obstructive sleep apnea disability. The Veteran’s tinnitus disability and obstructive sleep apnea disability were granted in a May 2020 rating decision. His left ankle disability was also granted in an August 2020 Board decision. As such, the appeals as to those issues are now considered satisfied in full, therefore they will not be further addressed by the Board. 38 C.F.R. § 20.200; AB v. Brown, 6 Vet. App. 35, 38 (1993). Furthermore, his right knee disability service connection claim was denied by the Board in August 2020. The Veteran did not appeal and that decision is also not currently before the Board. In August 2020, the Board remanded the case to the RO for further development. Specifically, the Board directed the RO to contact the Veteran in order to update his medical records and then schedule him for a VA examination. The RO sent the Veteran a development letter in October 2020, no response was received. Subsequently, the Veteran had a VA examination in December 2020. Entitlement to service connection for a respiratory disability, to include sinusitis and bronchitis. Unfortunately, this claim must be remanded again in order to obtain a medical opinion on whether a May 2014 instance of acute bronchitis was related to service and whether the diagnosis of allergic rhinitis is related to service. The RO found that the evidence of record failed to establish a current diagnosis of sinusitis. The Veteran listed decongestant prescription medication on a December 1991 Army Reserves Enlistment examination and noted that he had a respiratory infection and smoked multiple packs of cigarettes a day. In June 1992 and September 2002, the Veteran had episodes of tonsillitis, but his tonsils were later removed in November 2005. He also had pharyngitis in June 1992 as well. However, in a September 2002 medical history report, the Veteran said he did not have sinusitis but did have tonsillitis twelve times. The Veteran had a non-productive cough for 14 days before going to the emergency room in December 2002. The service treatment records outline an acute bronchitis diagnosis in January 2003. The prior VA examination found that the Veteran did not have a current disability; however, a Veteran will be granted service connection so long as they had the disability at any point in time during the period on appeal. The United States Court of Appeals for Veterans Claims (Court) has held that the "current disability" requirement is satisfied when a claimant has a disability at the time of filing the claim or during the pendency of that claim, even if the disability has since resolved. McLain v. Nicholson, 21 Vet. App. 319 (2007). The December 2020 examiner did find that the Veteran did have a diagnosis of allergic rhinitis dating back to 2014, which is confirmed by treatment records. Given such, and because the Board is precluded from exercising independent medical judgment, this matter must be remanded. The matter is REMANDED for the following action: 1. Obtain an addendum opinion with an appropriate examiner to address the nature and etiology of the Veteran’s bronchitis and allergic rhinitis. The Veteran’s claims folder and a copy of this remand should be furnished to the examiner, who should indicate in the examination report that they have reviewed the claims folder. A VA examination will be provided if the examiner deems it necessary. The examiner is asked to provide a response to the following: a. The examiner must address the May 2014 medical treatment record that found the Veteran had acute bronchitis and opine on whether the Veteran has had a current diagnosis of bronchitis at any time during the period on appeal, from June 2013 to the present. If a diagnosis is found during the appeal period, please provide an opinion as to the likelihood that such is due to or had its clinical onset during active military service. b. The examiner is asked to provide a rationale explaining whether or not the Veteran’s allergic rhinitis, diagnosed in the December 2020 VA exam, is related to service. A complete rationale is required for any opinion rendered by the examiner. All opinions should be based on examination findings, historical records, and medical principles. The examiner should fully articulate a sound reasoning for all conclusions made. In doing so, the examiner should consider the Veteran’s lay statements regarding the nature and onset of his bronchitis and allergic rhinitis. The examiner must not attempt to weigh any lay statement, but may clarify whether any such statements are medically-consistent or medically-inconsistent with the medical evidence of record. M. Tenner Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board S. A. Johnston, 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.