Citation Nr: 21041428
Decision Date: 07/09/21	Archive Date: 07/09/21

DOCKET NO. 15-11 756
DATE: July 9, 2021

REMANDED

Service connection for nasal septum spur is remanded.

Service connection for non-allergic rhinitis is remanded.

REASONS FOR REMAND

The Veteran served on active duty from January 2002 to January 2008. 

This matter comes before the Board of Veterans' Appeals (Board) from February 2013 and March 2014 rating decisions of a Department of Veterans Affairs (VA) Regional Office (RO).

In February 2018, the Veteran testified before the undersigned Veterans Law Judge. A transcript is of record.

In an April 2020 decision, the Board, in pertinent part, denied service connection for the two issues on the title page. The Veteran appealed the decision to the United States Court of Appeals for Veterans Claims (Court).  In a February 2021 Joint Motion for Partial Remand (JMPR), the Court vacated and remanded the Board's decision, in part, for action consistent with the JMPR. 

 

1. Service connection for nasal septum spur is remanded.

2. Service connection for non-allergic rhinitis is remanded.

In the February 2021 JMPR, the Court found the Board erred when it relied on the September 2019 VA examination report obtained in compliance with the Board's August 2018 remand directives. Per the Court, the September 2019 VA examination fails to provide a reasoned medical explanation when denying a relationship between the Veteran's deviated septum and service. Nieves-Rodriguez v. Peake, 22 Vet. App. 295, 301 (2008).

Additionally, the parties stipulated that the Board failed to ensure compliance with the August 2018 remand instructions because the September 2019 VA examination report failed to discuss the Veteran's in-service complaints of runny nose, congestion, postnasal drip, and irritated throat and whether such complaints were likely related to his current nasal and/or rhinitis disability. 

Accordingly, addendum opinions must be obtained. Stegall v. West, 11 Vet. App. 268, 271 (1998).

The matters are REMANDED for the following action:

Obtain addendum opinions from an appropriate clinician regarding the claimed nasal spurs and deviated septum rhinitis. 

a) The examiner is to opine as to whether the nasal spurs and deviated septum are at least as likely as not related to an in-service injury, event, or disease, specifically including complaints in service of a runny nose, congestion, postnasal drip, and irritated throat. See, e.g., May 2004 service treatment record.

b) The examiner is to opine as to whether rhinitis is at least as likely as not related to an in-service injury, event, or disease, specifically including complaints in service of runny nose, congestion, postnasal drip, and irritated throat. 

The examiner must provide a complete rationale for both opinions. 

 

D. JOHNSON

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	M.Aoughsten, 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.