Citation Nr: 21028889 Decision Date: 05/12/21 Archive Date: 05/12/21 DOCKET NO. 19-29 353 DATE: May 12, 2021 REMANDED Entitlement to service connection for allergic rhinitis is remanded. Entitlement to service connection for a back disability is remanded. Entitlement to service connection for hemorrhoids is remanded. REASONS FOR REMAND The Veteran had active service from November 1986 to November 1989 and from January 2003 to August 2003. This matter comes before the Board of Veterans' Appeals (Board) on appeal from July 2017 and June 2018 rating decisions by the Department of Veterans Affairs (VA). In March 2020, the case came before the Board. The Board denied entitlement to service connection for allergic rhinitis, a back disability, and hemorrhoids. The Board also denied a rating in excess of 70 percent for an acquired psychiatric disorder. Moreover, the Board denied entitlement to an earlier effective date for the award of a 70 percent rating for an acquired psychiatric disorder. Lastly, the Board remanded the Veteran's claim for entitlement to service connection for sinusitis for an additional VA examination. Following the Board's decision, the Veteran appealed that decision to the U.S. Court of Appeals for Veterans Claims (Court). In January 2021, the Secretary of VA and a representative of the Veteran filed a Joint Motion for Remand (JMR). Initially, the Board notes that the Veteran did not challenge the portions of the Board's decision that denied a rating in excess of 70 percent for an acquired psychiatric disorder and an earlier effective date for the award of a 70 percent rating for an acquired psychiatric disorder. Next, the parties agreed that the Board did not provide an adequate reasons and bases when it denied entitlement to service connection for allergic rhinitis, a back disability, and hemorrhoids. Specifically, the parties agreed that the Board failed to address evidence that the Veteran reported having sinus infections since August 2003. Moreover, the parties agreed that the Board relied on inadequate VA examinations when it denied entitlement to service connection for a back disability and hemorrhoids. 1. Entitlement to service connection for allergic rhinitis is remanded. In the January 2021 JMR, the parties agreed that the Board did not adequately address a May 2018 treatment note in which the Veteran reported experiencing sinus infections since August 2003. As a result, the Board finds that an additional VA examination is necessary in order to determine the nature and etiology of the Veteran's rhinitis. 2. Entitlement to service connection for a back disability is remanded. 3. Entitlement to service connection for hemorrhoids is remanded. In the January 2021 JMR, the parties agreed that the Board erred when it relied on inadequate examinations to deny these claims. As a result, the Board finds that additional VA examinations are necessary in order to determine the nature and etiology of the Veteran's back disability and hemorrhoids. The matters are REMANDED for the following action: 1. Obtain the Veteran's VA treatment records from December 18, 2020, to the present. 2. Schedule the Veteran for a VA examination to determine the nature and etiology of the Veteran's rhinitis. The examiner should review the entire claims file, conduct all necessary tests and studies, and provide the requested opinion: (A). Is it at least as likely as not (50 percent or greater probability) that the Veteran's rhinitis had its onset in service or is caused by or related at least in part to his active service? The examiner should specifically address the Veteran's contention that his disability had its onset in August 2003. The examiner's opinion should include a discussion as to whether the Veteran's disability is related to his service in Persian Gulf. 3. Schedule the Veteran for a VA examination to determine the nature and etiology of the Veteran's back disability. The examiner should review the entire claims file, conduct all necessary tests and studies, and provide the requested opinion: (A). Is it at least as likely as not (50 percent or greater probability) that the Veteran's back disorder had its onset in service or is caused by or related at least in part to his active service? The examiner's opinion must specifically address the Veteran's December 2002 and January 2003 Service Treatment Records. The examiner's opinion must specifically address the Veteran's August 2002 sworn statement. 4. Schedule the Veteran for a VA examination to determine the nature and etiology of the Veteran's hemorrhoids. The examiner should review the entire claims file, conduct all necessary tests and studies, and provide the requested opinion: (A). Is it at least as likely as not (50 percent or greater probability) that the Veteran's hemorrhoids had their onset in service or are caused by or related at least in part to his active service? (B). Is it at least as likely as not (50 percent probability or greater) that the Veteran's hemorrhoids are caused or aggravated by his service-connected IBS? The examiner should consider the Veteran's competent lay claims regarding the observable symptoms he has experienced. The VA examination report must include a complete rationale for all opinions expressed Michael J. Skaltsounis Veterans Law Judge Board of Veterans' Appeals Attorney for the Board M. Rescan, 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.