Citation Nr: 22016341 Decision Date: 03/22/22 Archive Date: 03/21/22 DOCKET NO. 16-58 634 DATE: March 22, 2022 ORDER Entitlement to an initial compensable rating for allergic rhinitis is denied. FINDING OF FACT The Veteran's service-connected allergic rhinitis is not manifested by polyps, greater than 50 percent obstruction of the nasal passage on both sides without polyps, or complete obstruction on one side. CONCLUSION OF LAW The criteria for an initial compensable disability rating for allergic rhinitis have not been met. 38 U.S.C. § 1155; 38 C.F.R. §§ 3.102, 3.159, 3.321, 3.326, 4.3, 4.7, 4.21, 4.97, Diagnostic Code (DC) 6522. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from October 2012 to October 2013, May 2016 to June 2017, and from March 2019 to June 2020, with additional periods of reserve service and with service in Southwest Asia. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a September 2015 rating decision issued by a Department of Veterans Affairs (VA) Regional Office. The Veteran testified at a hearing conducted by the undersigned Veterans Law Judge in January 2020. In August 2020, the Board remanded the Veteran's claim for additional development. 1. Entitlement to an initial compensable rating for allergic rhinitis Disability ratings are determined by applying the criteria set forth in the VA Schedule for Rating Disabilities, found in 38 C.F.R., Part 4. The rating schedule is primarily a guide in the evaluation of disability resulting from all types of diseases and injuries encountered as a result of or incident to military service. The ratings are intended to compensate, as far as can practicably be determined, the average impairment of earning capacity resulting from such diseases and injuries. 38 C.F.R. § 4.1. Where there is a question as to which of two evaluations shall be applied, the higher evaluation will be assigned if the disability picture more nearly approximates the criteria for that rating. 38 C.F.R. § 4.7. Where the appeal arises from the original assignment of a disability evaluation following an award of service connection, the severity of the disability at issue is to be considered during the entire period from the initial assignment of the disability rating to the present time. See Fenderson v. West, 12 Vet. App. 119 (1999). Staged ratings are appropriate for an increased rating claim whenever the factual findings show distinct time periods where the service-connected disability exhibits symptoms that would warrant different ratings. See Hart v. Mansfield, 21 Vet. App. 50 (2007). The Veteran was originally granted service connection for allergic rhinitis in the September 2015 rating decision on appeal. The Veteran was assigned a noncompensable rating effective February 13, 2015. The Veteran's allergic rhinitis is rated under 38 C.F.R. § 4.97, DC 6522. Under DC 6522, a 10 percent rating is warranted when there is allergic or vasomotor rhinitis without polyps, but with greater than 50 percent obstruction of the nasal passage on both sides or complete obstruction on one side. A 30 percent rating is warranted with polyps. At an August 2015 VA contracted sinusitis, rhinitis and other conditions of the nose, throat, larynx and pharynx examination, the Veteran was diagnosed with allergic rhinitis. The Veteran reported constant dripping in the back of the throat, nasal congestion, and pressure to frontal and maxillary sinuses. She reported continuous use of medication. Upon examination, there was not greater than 50 percent of obstruction of the nasal passage on both sides due to rhinitis. There was no evidence of complete obstruction on one side, permanent hypertrophy, nasal polyps, or any granulomatous condition. The examiner found no functional impact. At an October 2017 VA sinusitis, rhinitis and other conditions of the nose, throat, larynx and pharynx examination, the Veteran reported while serving in Afghanistan she was exposed to dust, sand, powder-like airborne particulate matter, burn pits, and petroleum "soot" in the air. She reported that her nose became congested, and she began having burning sensations, congestion, peri-orbital sinus pressure headaches, frequent blood flecks when blowing her nose, post-nasal drainage, cough, and copious thick sputum. She reported that she continued to have nasal problems after returning from deployment which was often worse in the spring and the summer. There was not greater than 50 percent of obstruction of the nasal passage on both sides due to rhinitis. There was no evidence of complete obstruction on one side, permanent hypertrophy, nasal polyps, or any granulomatous condition. The examiner found the Veteran's disability impacted her ability to work which was described as frequent congestion, burning sensations, peri-orbital sinus pressure headaches, blood flecks when blowing her nose, post-nasal drainage, cough, and copious thick sputum, noting seasonal changes, often worse in the spring and summer, and that she requires antibiotics two to three times a year for her problems. During the January 2020 Board hearing, the Veteran testified that she gets so much mucus in her nose that it gets stuck in her throat. See Board hearing transcript, page 3. She testified that she takes a pill which helps at times, but when she talks over a period of time her voice will go out. Id. She testified that she also gets puffiness and that she uses a roller to help take away the pressure. Id. at page 4. She testified that her condition has worsened since her last examination in 2015. Id. at page 5. She testified that there are good days and bad days, and that the severity varies, depending on if something goes past her nose, she will just "have an attack, have no idea." Id. at page 6. She testified that when it happens it is a blockage, just not a 50 percent blockage. Id. In August 2020, the Board remanded the claim in order to afford the Veteran a new VA examination to determine the current nature and severity of her service-connected allergic rhinitis. Pursuant to the August 2020 Board remand, the Veteran was afforded a VA sinusitis, rhinitis and other conditions of the nose, throat, larynx, and pharynx examination in November 2020. The Veteran reported that she was re-deployed since her last examination and that once again, she experienced sand, dust, and burn pits and her nasal problems were exacerbated. She reported that she is bothered by constant thick post-nasal drainage that causes her to cough every day. She reported two to three courses of antibiotics a year, for the past several years. There was not greater than 50 percent of obstruction of the nasal passage on both sides due to rhinitis. There was no evidence of complete obstruction on one side, permanent hypertrophy, nasal polyps, or any granulomatous condition. The examiner marked that there was functional impact described by the Veteran as nasal congestion, burning sensations, peri-orbital sinus pressure headaches, blood flecks when blowing her nose, drainage, cough, and copious thick sputum with seasonal changes that are worse in spring and summer. After a review of the pertinent evidence discussed above, the Board finds that for the entire rating period, the Veteran's service-connected allergic rhinitis has not been manifested by 50 percent obstruction of nasal passage on both sides, complete obstruction on one side, or polyps. Thus, in the absence of such symptomatology, a compensable rating is not warranted under DC 6522. The Board further finds that a higher or separate rating is not warranted under any other potentially applicable diagnostic code. As the Veteran has been diagnosed with allergic rhinitis, no other diagnostic code may be considered. See Smith v. Nicholson, 451 F.3d 1344 (Fed. Cir. 2006); Copeland v. McDonald, 27 Vet. App. 333, 337 (2015) (when a condition is specifically listed in the rating schedule, it may not be rated by analogy and should be rated under the diagnostic code that specifically pertains to it). The Board also acknowledges the Veteran's belief that her allergic rhinitis is more severe than reflected by the currently assigned noncompensable rating. In this regard, the Board must consider the entire evidence of record when analyzing the criteria laid out in the rating schedule. While the Board recognizes that she is competent to provide statements regarding her observable symptomatology, she is not competent to provide an opinion regarding the severity of her symptomatology in accordance with the rating criteria. See Woehlaert v. Nicholson, 21 Vet. App. 456 (2007). Rather, the Board finds the medical evidence in which professionals with medical expertise examined the Veteran, acknowledged her reported symptoms, and described the manifestations of such disability in light of the rating criteria to be more persuasive than her own reports regarding the severity of such condition. In conclusion, based on the foregoing, the Board finds that an initial compensable rating for allergic rhinitis is not warranted. M. Donohue Veterans Law Judge Board of Veterans' Appeals Attorney for the Board D. Aston, 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.