Citation Nr: 21024720 Decision Date: 04/26/21 Archive Date: 04/26/21 DOCKET NO. 17-59 498 DATE: April 26, 2021 ORDER An initial compensable rating for allergic rhinitis is denied. FINDING OF FACT For the entire appeal period, the Veteran’s allergic rhinitis does not result in a 50 percent blockage of both nasal passages, a complete blockage of one nasal passage, or nasal polyps. CONCLUSION OF LAW The criteria for an initial compensable rating for allergic rhinitis have not been met. 38 U.S.C. §§ 1155, 5107; 38 C.F.R. §§ 4.1, 4.2, 4.3, 4.7, 4.31, 4.97, Diagnostic Code (DC) 6522. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from January 1999 to June 2005. This matter comes to the Board of Veterans’ Appeals (Board) on appeal from a rating decision issued in June 2015 by a Department of Veterans Affairs (VA) Regional Office. In April 2016, the Veteran testified at hearing before a Decision Review Officer and, in January 2020, he testified at a Board hearing before the undersigned Veterans Law Judge. Transcripts of both hearings are of record. In March 2020, the Board remanded the claim on appeal as well as a claim for service connection for a right knee disorder for additional development. While on remand, in a September 2020 rating decision, the Agency of Original Jurisdiction (AOJ) granted service connection for right knee strain. Thus, as such is a full grant of the benefit sought with respect to the claim for service connection for such disorder, it is no longer before the Board. Grantham v. Brown, 114 F.3d 1156, 1159 (Fed. Cir. 1997). The remaining issue now returns for further appellate review. Entitlement to an initial compensable rating for allergic 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 disabling condition 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. The appeal period for the Veteran’s allergic rhinitis begins on February 26, 2015, the date of service connection. For the entire appeal period, such disability has been assigned a noncompensable rating pursuant to DC 6522. In this regard, under DC 6522, a 10 percent rating is assigned for allergic rhinitis without polyps, but with greater than 50 percent obstruction of the nasal passage on both sides, or complete obstruction on one side. The next higher rating of 30 percent requires evidence of nasal polyps. See 38 C.F.R. § 4.97, DC 6522. In every instance where the schedule does not provide a zero percent rating for a DC, a zero percent rating shall be assigned when the requirements for a compensable evaluation are not met. 38 C.F.R. § 4.31. After a review of the evidence, the Board finds that an initial compensable rating for the Veteran’s allergic rhinitis is not warranted. In this regard, May 2014 and August 2014 private treatment records indicate that the Veteran had nasal openings that were free of ulcerations or impetigo and had no visible polyps. His nasal septum also showed no ulcerations or perforation. In June 2015, the Veteran underwent a VA examination. At such time, the examiner noted a diagnosis of allergic rhinitis and the Veteran reported he was having headaches, nasal congestion, and drainage. Upon examination, there was not greater than 50 percent obstruction of the nasal passages on both sides, and there was no complete obstruction on one side. There was also no permanent hypertrophy of the nasal turbinates or nasal polyps. At the January 2020 Board hearing, the Veteran testified that his symptoms had worsened as he had difficulty breathing through one or both nasal passages, with his right side significantly worse than his left. He also stated that sometimes it felt like he could not breath out of it at all. Thus, in March 2020, the Board remanded the instant claim in order to afford the Veteran a new VA examination so as to ascertain the current nature and severity of his allergic rhinitis. Accordingly, the Veteran was afforded another VA examination in July 2020. At such time, the examiner noted a diagnosis of allergic rhinitis and the Veteran reported that his current symptoms included scratchy throat, watery eyes, headaches, nasal congestion, chronic runny nose, and ears popping. Upon examination, there was not greater than 50 percent obstruction of the nasal passages on both sides, and there was no complete obstruction on one side. There was also no permanent hypertrophy of the nasal turbinates or nasal polyps. The examiner further noted that there was no functional impact or manifestations of the Veteran’s allergic rhinitis. Based on the foregoing, the Board finds that, for the entire appeal period, the Veteran’s allergic rhinitis was not manifested by greater than 50 percent obstruction of nasal passage on both sides, complete obstruction on one side, or nasal polyps, which is required for a compensable rating under DC 6522. Thus, in the absence of such symptomatology, a compensable rating for such disability is not warranted under such DC. The Board further finds that a higher or separate rating is not warranted under any other potentially applicable DC. In this regard, in Copeland v. McDonald, 27 Vet. App. 333, 338 (2015), the United States Court of Appeals for Veterans Claims (Court) held that when a condition is specifically listed in the rating schedule, it may not be rated by analogy. See also Suttmann v. Brown, 5 Vet. App. 127, 134 (1993) (providing that “[a]n analogous rating... may be assigned only where the service-connected condition is ‘unlisted.’”). Thus, as the Veteran’s allergic rhinitis is specifically listed in the Rating Schedule under DC 6522, such disability may not be rated by analogy. The Board also acknowledges the Veteran’s belief that his allergic rhinitis is more severe than as reflected by the currently assigned noncompensable rating. In this regard, the Board must consider the entire evidence of record when analyzing the criteria laid out in the rating schedule. While the Board recognizes that he is competent to provide statements regarding his observable symptomatology, he is not competent to provide an opinion regarding the severity of his symptomatology in accordance with the rating criteria. See Woehlaert v. Nicholson, 21 Vet. App. 456 (2007). Rather, the Board finds the medical evidence in which professionals with medical expertise examined the Veteran, acknowledged his reported symptoms, and described the manifestations of such disability in light of the rating criteria to be more persuasive than his own reports regarding the severity of such condition. The Board has also considered whether additional staged ratings under Fenderson, supra, are appropriate for the Veteran’s service-connected allergic rhinitis disability; however, such disability has remained stable throughout the appeal period. Therefore, assigning additional staged ratings for such disability is not warranted. Further, neither the Veteran nor his representative have raised any other issues, nor have any other issues been reasonably raised by the record, with regard to the initial rating claim addressed herein. See Doucette v. Shulkin, 28 Vet. App. 366 (2017) (confirming that the Board is not required to address issues unless they are specifically raised by the claimant or reasonably raised by the evidence of record). In conclusion, the Board finds that an initial compensable rating for allergic rhinitis is not warranted. In reaching such determination, the Board has considered the applicability of the benefit of the doubt doctrine. However, as the preponderance of the evidence is against the Veteran’s claim, such doctrine is not applicable and his initial rating claim must be denied. 38 U.S.C. § 5107; 38 C.F.R. §§ 4.3, 4.7. A. JAEGER Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board K. Clark, 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.