Citation Nr: 21041612
Decision Date: 07/09/21	Archive Date: 07/09/21

DOCKET NO. 16-52 170
DATE: July 9, 2021

REMANDED

Entitlement to service connection for a nasal disorder, to include allergic rhinitis, is remanded.  

REASONS FOR REMAND

The Veteran had active service from October 1994 to November 1997 with additional service in the United States Army National Guard from May 2000 to March 2001.  This matter comes before the Board of Veterans' Appeals (Board) on appeal from a September 2015 rating decision.  The Board remanded this matter for further evidentiary development in December 2018.  

Service connection for a nasal disorder, to include allergic rhinitis

In his claim, the Veteran asserted that he has allergic rhinitis that was caused by an in-service dental procedure.  In October 2019 and February 2020, VA examiners took history from the Veteran in which he appears to have indicated that this condition predates his service to his time as a student.  However, this condition was not noted at the time of the Veteran's entrance to service.  Thus, this matter must be remanded for an opinion responsive to the regulations that govern pre-existing conditions not noted at the time of examination and induction into service. The Board sincerely regrets the delay caused by this second remand but finds that the evidentiary development requested herein is necessary prior to a final adjudication of this claim.  The matter is, thus, REMANDED for the following actions:

1. Obtain an addendum opinion from an appropriate clinician as to whether the Veteran's allergic rhinitis clearly and unmistakably (undebatable) preexisted his service?  If so, was his allergic rhinitis clearly and unmistakably not aggravated by service?  

If the examiner finds that that the Veteran's allergic rhinitis either did not clearly and unmistakably preexist serviceor did clearly and unmistakably preexist service but was not clearly and unmistakably aggravated therein, the examiner must opine as to whether it is at least as likely as not that this disability onset in, or is otherwise related to the Veteran's active duty, including his in service complaints of sinus congestion and his in service dental procedure.  A complete rationale should be provided for the requested opinions.

2. Then, and after completion of any additional development deemed necessary, readjudicate this appeal.  If the claim is not granted to the Veteran's satisfaction, provide the Veteran with a responsive supplemental statement of the case and the requisite time to respond.  Then, if the matter is otherwise in order, return this matter to the Board for further appellate review.

 

 

THERESA M. CATINO

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Steven H. Johnston, 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.