Citation Nr: 21042694 Decision Date: 07/13/21 Archive Date: 07/13/21 DOCKET NO. 18-43 896 DATE: July 13, 2021 REMANDED Entitlement to an initial compensable rating for allergic rhinitis is remanded. Entitlement to an initial compensable rating for subglottic stenosis of the larynx is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Army from February 1962 to February 1982. This matter comes before the Board of Veteran's Appeals (Board) on appeal from a March 2017 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). The Board remanded the claims for further development in September 2019 and April 2021. The Veteran was last afforded a VA examination for his service-connected disabilities in May 2021. However, the examiner did not conduct pulmonary function tests (PFTs) necessary to evaluate the severity of his larynx condition. The examiner indicated that the Veteran was also diagnosed with a deviated nasal septum and stated that such condition could lead to symptoms of nasal obstruction and that a deviated nasal septum resulting from the in-service nose fracture likely led to symptoms of right nasal obstruction. Furthermore, the Board notes that a June 2019 VA examination report shows a diagnosis of chronic obstructive pulmonary disease (COPD). In Morgan v. Wilkie, 31 Vet. App. 162 (2019), the Court of Appeals for Veterans Claims held VA's duty to maximize benefits requires it to exhaust all schedular alternatives for rating a disability, including considering secondary service connection as part of an increased rating claim. Therefore, new VA examinations are necessary on remand, as well as opinions on secondary service connection. Any outstanding treatment records should also be secured on remand. The matters are REMANDED for the following action: 1. Obtain all outstanding VA treatment records. 2. With any necessary assistance from the Veteran, obtain any outstanding relevant private treatment records. 3. Then schedule the Veteran for an examination with an examiner other than the May 2021 VA examiner to determine the current severity of his allergic rhinitis and the etiology of his deviated nasal septum. The claims file should be made available to and reviewed by the examiner. All indicated tests must be conducted and all findings reported in detail. The examiner is requested to address the following: (a) Indicate whether there is any obstruction of the nasal passage due to allergic rhinitis. (b) Provide an opinion as to whether it is at least as likely as not (50 percent or greater probability) that the Veteran's deviated nasal septum (see May 2021 VA examination report): (1) is proximately due to his service-connected allergic rhinitis; or (2) has been aggravated (worsened beyond natural progression) by his service-connected allergic rhinitis. In addressing these questions, please note there is no temporal requirement that the primary condition (allergic rhinitis) be service-connected, or even diagnosed, at the time the secondary condition (deviated nasal septum) is incurred. A complete rationale should be given for all opinions and conclusions expressed. If the examiner is unable to render an opinion without resorting to speculation, supporting rationale for that conclusion should be furnished. 4. Then schedule the Veteran for an examination with an examiner other than the May 2021 VA examiner to determine the current severity of his subglottic stenosis of the larynx and the etiology of his COPD. The claims file should be made available to and reviewed by the examiner. All indicated tests, including concurrent PFTs, must be conducted and all findings should be reported in detail. The examiner is requested to address the following: (a) Indicate whether the subglottic stenosis of the larynx is predominantly responsible for the limitation in pulmonary function. (b) Provide an opinion as to whether it is at least as likely as not (50 percent or greater probability) that the Veteran's COPD (see June 2019 VA examination report): (1) is proximately due to his service-connected subglottic stenosis of the larynx; or (2) has been aggravated (worsened beyond natural progression) by his service-connected subglottic stenosis of the larynx. In addressing these questions, please note there is no temporal requirement that the primary condition (larynx condition) be service-connected, or even diagnosed, at the time the secondary condition (COPD) is incurred. A complete rationale should be given for all opinions and conclusions expressed. If the examiner is unable to render an opinion without resorting to speculation, supporting rationale for that conclusion should be furnished. S. S. MAHONEY Acting Veterans Law Judge Board of Veterans' Appeals Attorney for the Board M. Moldawer, 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.