Citation Nr: 21029504 Decision Date: 05/13/21 Archive Date: 05/13/21 DOCKET NO. 16-11 301A DATE: May 13, 2021 ORDER An initial compensable rating for allergic rhinitis is denied. FINDING OF FACT The Veteran's allergic rhinitis is without polyps and did not manifest as greater than 50-percent obstruction on both sides, or complete obstruction on one side. CONCLUSION OF LAW The criteria for an initial compensable rating for allergic rhinitis are not met. 38 U.S.C. §§ 1155, 5107; 38 C.F.R. §§ 4.1, 4.3, 4.31, 4.97, Diagnostic Code 6522. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served honorably on active duty in the United States Air Force from February 1999 to May 2005. This matter comes before the Board of Veterans' Appeals (Board) on appeal from an October 2015 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO). In September 2019, the Board remanded this matter for further development. Disability ratings are determined by applying the criteria set forth in VA's Schedule for Rating Disabilities. The percentage ratings are based on the average impairment of earning capacity and individual disabilities are assigned separate diagnostic codes. 38 U.S.C. § 1155; 38 C.F.R. § 4.1. Any reasonable doubt regarding a degree of disability will be resolved in favor of the veteran. 38 C.F.R. § 4.3. Whereas here, the question for consideration is the propriety of the initial rating assigned, evaluation of the medical evidence since the effective date of the grant of service connection and consideration of the appropriateness of the assignment of different ratings for different periods of time, based on the facts found is required. Fenderson v. West, 12 Vet. App. 119 (1999). Because the level of disability may have varied over the course of the claim, the rating may be "staged" higher or lower for segments of time during the period under review in accordance with such variations, to the extent the evidence shows distinct time periods where the service-connected disability have exhibited signs or symptoms that would warrant different ratings under the rating criteria. The Veteran's allergic rhinitis is rated as noncompensable under diagnostic code (DC) 6522. A 10 percent rating is warranted when there is allergic rhinitis without polyps, but with greater than 50-percent obstruction of the nasal passage on both sides or complete obstruction on one side. A maximum 30 percent rating is warranted when there is allergic rhinitis with polyps. 38 C.F.R. § 4.97, DC 6522. A zero percent evaluation shall be assigned when the requirements for a compensable evaluation are not met. 38 C.F.R. § 4.31. In October 2015 and December 2019, the Veteran underwent a VA examination for his claim. At both examinations the examiner diagnosed the Veteran with allergic rhinitis and found no polyps, obstruction greater than 50-percent on both sides, or complete obstruction on one side due to the Veteran's allergic rhinitis. VA treatment records have been associated with the Veteran's claim. None of the records document the Veteran having polyps, obstruction greater than 50-percent on both sides, or complete obstruction on one side due to allergic rhinitis. The Veteran submitted a November 2015 letter from an ear, nose, and throat doctor. The doctor stated that the Veteran has 70-percent nasal obstruction due to deviation of nasal septum. The Board notes though that the Veteran's nasal obstruction has not been attributed to his allergic rhinitis. The Veteran also submitted private treatment records that he contends support that he has had incapacitating episodes of sinusitis. Though these records document the extent of the Veteran's symptoms of his allergic rhinitis they do not include a diagnosis of sinusitis. Furthermore, these records do not indicate that the Veteran has polyps or obstruction of the nasal passages. Considering the above, the Board finds that a compensable rating is not warranted. At no point in the appeal period has the Veteran been found to have greater than 50-percent nasal obstruction of nasal passage on both sides or complete obstruction on one side. The Board recognizes the letter from the ear, nose, and throat doctor that states the Veteran has 70-percent nasal obstruction, but the doctor attributes this to the Veteran's nasal septum. The Veteran is not service connected for deviation of the nasal septum and the deviation of the nasal septum has not been found to be due to his allergic rhinitis. As such, this evidence cannot be the basis for a compensable rating. The Veteran contends that a compensable rating should be assigned due to incapacitating episodes of sinusitis, purulent discharge, and headaches. These symptoms are contemplated for a compensable rating under the General Rating Formula for Sinusitis. However, the Veteran is not service connected for sinusitis, and none of the Veteran's VA treatment records or private treatment records contain a diagnosis of sinusitis. As such, a compensable rating under the General Rating Formula for Sinusitis cannot be assigned. Accordingly, the Board finds that the preponderance of the evidence is against assigning a compensable rating for allergic rhinitis. As a preponderance of the evidence is against the claim, the benefit-of-the-doubt rule is not applicable. As such, an initial compensable rating for allergic rhinitis is denied. JOHN Z. JONES Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Michael Chandeck, 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.