Citation Nr: 22017551 Decision Date: 03/25/22 Archive Date: 03/25/22 DOCKET NO. 13-11 694 DATE: March 25, 2022 REMANDED 1. Service connection for a broken nose is remanded. 2. Service connection for a sinus condition secondary to a broken nose is remanded. REASONS FOR REMAND The appellant is a Veteran who served on active duty from March 1975 to January 1977. These matters are before the Board of Veteran's Appeals (Board) on appeal from a July 2012 rating decision of a Department of Veteran Affairs (VA) Regional Office (RO). A Board hearing was held before the undersigned in July 2017; a transcript of the hearing is associated with the record. These matters were previously before the Board in October 2018 and were remanded for further development. An October 2020 Board decision denied the Veteran's claims for service connection for a broken nose and service connection for a sinus condition secondary to a broken nose. The Veteran appealed the denial to the United States Court of Appeals for Veterans Claims (Veterans Court), and, in November 2021, the Veterans Court issued an order incorporating a Joint Motion for Remand (JMR), vacating the Board's decision, and remanding the claim for re-adjudication in compliance with directives specified. 1. Service connection for a broken nose is remanded. In the November 2021 JMR, the parties found that the Board denied service connection for the Veteran's broken nose based on an inadequate opinion from the May 2012 VA examiner. On remand, an examination must be scheduled to determine whether the Veteran's broken nose is causally related to his service. 2. Service connection for a sinus condition secondary to a broken nose is remanded. In the November 2021 JMR, the parties found that the Board denied service connection for the Veteran's sinus condition based on an inadequate opinion from the May 2012 VA examiner. On remand, an examination must be scheduled to determine whether the Veteran's sinus condition is causally related to his broken nose on a secondary basis and/or whether or not Veteran's sinus condition is directly related to his service. The matters are REMANDED for the following action: 1. Please note that, by law, ALL remanded claims must be processed expeditiously. 2. Arrange for an addendum medical examination from an appropriate examiner to assess whether the Veteran's broken nose was causally related to his service. The entire claims file 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 is requested to provide the following opinion: Is it at least as likely as not (a 50 percent probability or greater) that the Veteran's broken nose was incurred or caused by the claimed in-service injury, event, or illness? Regarding the Veteran's sinus condition, the examiner is requested to provide the following opinions: a. Is it at least as likely as not (a 50 percent probability or greater) that the Veteran's sinus condition was incurred in or caused by the claimed in-service injury, event, or illness? b. Is it as least as likely as not (a 50 percent probability or greater) that the Veteran's sinus condition was caused by his broken nose? c. Is it as least as likely as not (a 50 percent probability or greater) that the Veteran's sinus condition was aggravated (any incremental increase in the disability beyond its normal progression) by his broken nose? If it is determined that the sinus condition is aggravated by his broken nose, to the extent possible, the examiner should indicate the approximate degree of disability or baseline before the onset of aggravation. The examiner is to be reminded that the Veteran is competent to provide information about observable symptoms and events. The examiner should assume, for the purposes of the opinions, that the Veteran's testimony is both accurate and credible. The term "at least as likely as not" does not mean within the realm of medical possibility, but rather the weight of medical evidence both for and against a conclusion is so evenly divided that it is as medically sound to find in favor of that conclusion as it is to find against it. 3. Then, readjudicate the claim. If the determination of the claim remains unfavorable to the Veteran, then issue a Supplemental Statement of the Case. VICTORIA MOSHIASHWILI Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Alexander Bahus 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.