Citation Nr: 21041444 Decision Date: 07/09/21 Archive Date: 07/09/21 DOCKET NO. 17-16 739 DATE: July 9, 2021 ORDER Entitlement to service connection for a sinus condition, to include as due to smoke inhalation and asbestos exposure, is denied. FINDING OF FACT The preponderance of the evidence is against finding that the Veteran's sinus conditions began during active service, or are otherwise related to an in-service injury or disease. CONCLUSION OF LAW The criteria for service connection for sinus condition, to include allergic rhinitis and sinusitis, are not met. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran had active military service from November 1954 to June 1958. This matter comes before the Board of Veterans' Appeals (Board) from the October 2016 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). The Veteran appeared at a February 2021 hearing before the undersigned Veterans Law Judge. A transcript of the hearing is associated with the record. This matter was previously before the Board in March 2021 and was remanded for the Veteran to undergo a VA examination. Subsequently, the Veteran underwent a VA examination in May 2021. The Board therefore finds that there was substantial compliance with the prior remand order, as is discussed more fully below, and the Board may continue with its determination. Stegall v. West, 11 Vet. App. 268 (1998). Entitlement to service connection for a sinus condition, to include as due to smoke inhalation and asbestos exposure, The Veteran contends that his sinus condition is related to his military service. Specifically, the Veteran has stated throughout the record that while aboard the USS Owen, he was exposed to very heavy artillery discharge smoke in small quarters where the guns were fired. The Veteran stated that he was not given a mask to wear while the guns were fired. Additionally, the Veteran testified at his Board hearing that he slept on the top bunk which was near asbestos pipes that ran all over the ship. The Veteran reported that he has had sinus problems, severe mucous issues, severe sneezing, and clogged sinuses while he sleeps, ever since his military service. Additionally, the Veteran stated that he began receiving penicillin shots for his sinus condition immediately after his military discharge. Unfortunately, these records are no longer available. Service connection may be granted for disability resulting from disease or injury incurred in or aggravated by active service. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. § 3.303. The three-element test for service connection requires evidence of: (1) a current disability; (2) in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship between the current disability and the in-service disease or injury. Shedden v. Principi, 381 F.3d 1163, 1166 -67 (Fed. Cir. 2004). The question for the Board is whether the Veteran has a current disability that began during service or is at least as likely as not related to an in-service injury, event, or disease. Pursuant to the March 2021 Board remand, the Veteran underwent a VA sinus examination in May 2021. The examiner noted that the Veteran is diagnosed with allergic rhinitis and a vocal cord mass. The examiner opined that the Veteran's allergic rhinitis and right vocal cord mass are less likely than not incurred in or caused by the Veteran's claimed in-service exposure to smoke inhalation or asbestosis. The examiner explained that neither artillery discharge smoke inhalation or asbestosis are known allergens that cause allergic rhinitis and would in fact have a greater effect in lung function, as smoke inhalation contributes to COPD and asbestosis exposure is a known cause of mesothelioma (neither of which the Veteran is diagnosed with). The examiner stated that the Veteran's allergic rhinitis is instead related to environmental allergens with exposure many years after service as suggested by his first record of treatment in July 2014 for sinusitis/bronchitis and later in July 2015 for allergic rhinitis while living in the same regional area with the same environmental exposures to regional allergens. Additionally, the examiner stated that the Veteran's vocal cord mass would be more likely than not related to allergies and post-nasal drip which may cause benign cysts of the vocal cord. The examiner concluded that the Veteran has no signs or symptoms related to sinusitis and his treatment records suggest his sinusitis was acute and a one-time experience. The Board concludes that, while the Veteran has a current diagnosis of allergic rhinitis and vocal cord mass, and evidence shows that he believes that he was exposed to gasses and smoke during service, the preponderance of the evidence weighs against finding that the Veteran's diagnosis of allergic rhinitis began during service or is otherwise related to an in-service injury, event, or disease. VA treatment records show the Veteran was not diagnosed with allergic rhinitis until July 2015, decades after his separation from service. While the Veteran is competent to report having experienced symptoms of difficulty breathing, sneezing, and coughing intermittently since service, he is not competent to provide a diagnosis in this case or determine that these symptoms were manifestations of allergic rhinitis. The issue is medically complex, as it requires knowledge of the interaction between multiple organ systems in the body. Jandreau v. Nicholson, 492 F.3d 1372, 1377, 1377 n.4 (Fed. Cir. 2007). Additionally, the Board acknowledges that the Veteran and his spouse believe his allergic rhinitis is related to an in-service injury, event, or disease. However, the Veteran in this case is not competent to provide a nexus opinion regarding this issue. The issue is medically complex, as it requires knowledge of the interaction between multiple organ systems in the body. Therefore, it is outside the competence of the Veteran in this case because the record does not show that he has the medical training or credentials to make such a determination. Jandreau v. Nicholson, 492 F.3d 1372, 1377 n.4 (Fed. Cir. 2007); see also Kahana v. Shinseki, 24. Vet. App. 428 (2011). Consequently, the Board gives more probative weight to the May 2021 VA examiner's opinion. Therefore, the Board finds that entitlement to service connection for a sinus condition, to include as due to smoke inhalation and asbestos exposure, is not warranted. In reaching the above conclusions, 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, that doctrine is not applicable in the instant appeal. See 38 U.S.C. § 5107 (b). MICHAEL MARTIN Veterans Law Judge Board of Veterans' Appeals Attorney for the Board S. Mountford, 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.