Citation Nr: 22014677 Decision Date: 03/14/22 Archive Date: 03/14/22 DOCKET NO. 19-18 593 DATE: March 14, 2022 THE ISSUES 1. Entitlement to a compensable rating for a deviated septum disability. 2. Entitlement to an initial compensable rating for a pharyngo-tympanic tubes disability. REMANDED Entitlement to a compensable rating for a deviated septum disability is remanded. Entitlement to an initial compensable rating for a pharyngo-tympanic tubes disability is remanded. REASONS FOR REMAND The Veteran had active service from February 1997 to February 2002. This matter comes before the Board of Veteran's Appeals (Board) on appeal from a July 2018 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO). In November 2021, the Veteran testified at a virtual Board hearing before the undersigned Veterans Law Judge (VLJ). A copy of the transcript has been associated with the Veteran's electronic claims folder. 1. Entitlement to a compensable rating for a deviated septum disability is remanded. 2. Entitlement to an initial compensable rating for a pharyngo-tympanic tubes disability is remanded. The Veteran contends that he is entitled to increased ratings for his above-listed disabilities. In the November 2021 Board hearing, the Veteran testified that his disabilities had increased in severity, that his right nostril was occasionally completely obstructed, and that he required regular steroid medication for his pharyngo-tympanic tubes disability, which manifested by popping. The Veteran was last afforded VA examinations for his disabilities in June 2018. Therefore, the Board concludes that new VA examinations are necessary to determine the current severity of the Veteran's disabilities. See Green v. Derwinski, 1 Vet. App. 121 (1991) (VA has a duty to conduct a thorough and contemporaneous examination of the Veteran in an increased rating claim); Schafrath v. Derwinski, 1 Vet. App. 589 (1991). Additionally, on remand, the Board notes that the most recent VA treatment records associated with the file are from July 2020. On remand, the most recent VA treatment records should be obtained and associated with the claims file. The matters are REMANDED for the following action: 1. Obtain and associate with the Veteran's claims file any VA treatment records dated from July 2020 to the present, and any private treatment records identified by the Veteran. Any requests made and negative responses received should be documented in the claims file. 2. Then, schedule the Veteran for a VA examination to determine the current severity of his service-connected deviated nasal septum disability. The record and a copy of this remand must be made available to the examiner for review, and the examiner must specifically acknowledge receipt and review of these materials in any reports generated. The examiner must conduct any testing deemed necessary and provide all findings. The examiner must utilize the appropriate Disability Benefits Questionnaire. The examiner is asked to address the Veteran's complaints of total nasal obstruction. See November 2021 Board hearing. 3. After completion of the first directive, schedule the Veteran for a VA examination to determine the current severity of his service-connected pharyngo-tympanic tubes disability. The record and a copy of this remand must be made available to the examiner for review, and the examiner must specifically acknowledge receipt and review of these materials in any reports generated. The examiner must conduct any testing deemed necessary and provide all findings. The examiner must utilize the appropriate Disability Benefits Questionnaire. The examiner is asked to address the Veteran's complaints of ear popping. See November 2021 Board hearing. 4. After completing the above, and any other development as may be indicated, the Veteran's claims should be readjudicated based on the entirety of the evidence. If any claim remains denied, the Veteran and his representative should be issued a supplemental statement of the case (SSOC). An appropriate period of time should be allowed for response. Thereafter, the case should be returned to the Board for further appellate consideration, if otherwise in order. Michael A. Pappas Veterans Law Judge Board of Veterans' Appeals Attorney for the Board R. E. Geary, 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.