Citation Nr: 22016677
Decision Date: 03/23/22	Archive Date: 03/23/22

DOCKET NO. 16-04 229
DATE: March 23, 2022

REMANDED

Entitlement to an initial rating in excess of 10 percent prior to June 28, 2016, and 30 percent thereafter, for sinusitis is remanded.

Entitlement to an initial compensable rating for rhinitis is remanded.

REASONS FOR REMAND

The Veteran had active naval service from July 1962 to October 1963, and active air service from August 1988 to February 1989, and from January 1991 to August 1991.

This case comes before the Board of Veterans' Appeals (Board) on appeal from an April 2015 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO).

In connection with this appeal, the Veteran testified at a hearing before the undersigned Veterans Law Judge in January 2022. A transcript of that hearing has been associated with the claims file.

During the pendency of the appeal, in an August 2016 rating decision, the RO assigned a 30 percent rating, effective June 28, 2016, for chronic sinusitis. That does not constitute a full grant of the benefit sought on appeal. However, the Board has limited its consideration accordingly.

Sinusitis and rhinitis

The Veteran was most recently afforded an examination for her rhinitis and sinusitis in June 2016. In a February 2019 statement, the Veteran indicated that her rhinitis and sinusitis had worsened since her VA examination. Moreover, at the January 2022 Board hearing, the Veteran testified that her disabilities had gotten worse.

As the above evidence indicates a possible worsening of that the Veteran's rhinitis and sinusitis since her last VA examination, an additional examination should be afforded to gauge the current level of severity of her disabilities.

The matters are REMANDED for the following action:

1. Identify and obtain any pertinent, outstanding VA and private treatment records and associate them with the claims file.

2. Then, schedule the Veteran for a VA examination by an examiner with sufficient expertise to determine the current level of severity of all impairment resulting from her service-connected rhinitis and sinusitis. The claims file must be made available to, and reviewed by the examiner. All indicated tests and studies must be performed. The examiner must provide all information required for rating purposes.

3. Confirm that the VA examination report and any opinions provided comport with this remand, and undertake any other development found to be warranted.

4. Then, readjudicate the remaining issues on appeal. If the decision is adverse to the Veteran, issue a supplemental statement of the case and allow appropriate time for response. Then, return the case to the Board.

 

 

Cory M. Picton

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	I. Cannaday, 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.