Citation Nr: 21032831 Decision Date: 05/28/21 Archive Date: 05/28/21 DOCKET NO. 18-27 080 DATE: May 28, 2021 REMANDED Entitlement to a disability rating in excess of 10 percent for sinusitis is remanded. Entitlement to service connection for a throat disability is remanded. REASONS FOR REMAND The Veteran served in the Army from September 1980 to January 1994, and from July 2005 to October 2006. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). These claims were last before the Board in October 2020 where they were remanded for additional development. This appeal has been advanced on the Board's docket pursuant to 38 C.F.R. §20.900(c); 38 U.S.C. § 7107(a)(2). 1. Entitlement to a disability rating in excess of 10 percent for sinusitis is remanded. In accordance with prior remand instructions, a VA examination was obtained in January 2021 to assess the current severity of the Veteran's service-connected sinusitis. However, the VA examiner merely confirmed the Veteran's diagnosis of chronic sinusitis and did not assess his symptoms. As such, a new VA examination is warranted in order to comply with the terms of the Board's prior remand instructions. See Stegall v. West, 11 Vet. App. 268 (1998) (a remand by the Board confers on the appellant, as a matter of law, the right to compliance with the remand orders). 2. Entitlement to service connection for a throat disability is remanded. In accordance with prior remand instructions, a VA examination was obtained in January 2021 to determine whether the Veteran's claimed throat disability was related to his service, to include addressing whether his claimed condition is a medically unexplained chronic multi-symptom illness of unknown etiology. The VA examiner opined that "there is no diagnosis because there are no findings, signs and or symptoms to support a diagnosis." However, there is no indication that the VA examiner considered evidence that shows that the Veteran had more than five medical treatments for throat infection while on active duty in the Army. See May 2021 Statement in Support of Claim. Furthermore, the VA examination report was left mostly blank, including sections regarding symptoms. As such, a new VA examination is warranted. See Stegall, 11 Vet. App. at 268. The matters are REMANDED for the following action: 1. Schedule the Veteran for an appropriate examination for a report on the current severity of his sinusitis. The examiner is asked to conduct a complete examination, along with all appropriate testing, and to elicit and provide a report on the Veteran's symptoms. All opinions must be supported with explanation. 2. Schedule the Veteran for a VA examination to address the claim for a throat disability. The claims file must be reviewed by the examiner in conjunction with the examination. All indicated tests should be conducted and the results reported. After review of the claims file and examination of the Veteran, the examiner should provide an opinion as to whether the Veteran has symptoms of disability of the throat, including the larynx and pharynx, that are not attributable to a known diagnosis: (a.) if not, the examiner is asked to so state; (b.) if so, the examiner is asked whether the diagnosis is a medically unexplained chronic multi-symptom illness of unknown etiology. A list of his symptoms and their severity should be obtained and provided. If the Veteran has a known diagnosis that is not medically unexplained with unknown etiology, then the examiner is asked to provide an opinion as to whether the diagnoses are as likely as not (50/50 probability or greater) related to his service, or caused by or aggravated beyond its natural progression by his service-connected sinusitis. The examiner should explain why/why not. 3. If the claims remain denied, issue a supplemental statement of the case. K. A. BANFIELD Veterans Law Judge Board of Veterans' Appeals Attorney for the Board G. N. Wilson, 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.