Citation Nr: 22032405
Decision Date: 06/02/22	Archive Date: 06/02/22

DOCKET NO. 19-20 647
DATE: June 2, 2022

REMANDED

Entitlement to service connection for a respiratory condition, to include allergic rhinitis or sinusitis is remanded.

REASONS FOR REMAND

The Veteran served on active duty with the U.S. Air Force from September 1966 to September 1970. 

He testified at a Board hearing in September 2021 before the undersigned Veterans Law Judge.  A transcript is associated with the record. 

The Board remanded the appeal in November 2021 to schedule the Veteran for an examination and issuance of a Supplemental Statement of the Case.  The appeal was remanded once more in February 2022 to obtain an addendum opinion. 

1. Entitlement to service connection for a respiratory condition, to include allergic rhinitis or sinusitis is remanded.

The November 2021 VA examiner diagnosed allergic rhinitis instead of sinusitis.  The December 2021 examiner provided a negative addendum opinion based on lack of diagnosis of sinusitis.  

The Board remanded the appeal in February 2022 for a new opinion based on a finding that the Veteran should not have been expected to identify his exact diagnosis.  The April 2022 VA examiner indicated that the Veteran's rhinitis was less likely than not incurred in or caused by his service.  The examiner noted that: "...clinically chronic exposure to particulate matter vehicle exhaust fuel fumes such as he exposures this veteran is reporting include potentially Ian etiology for allergic rhinitis with a similar pathophysiology as associated with the recent presumptive conditions..."

However, after reviewing the September 2021 Board remand, the examiner ultimately found that the Veteran's symptoms and corresponding medical record did not align with how allergic rhinitis is known to develop.  

The Board finds that this opinion is unclear as it states that rhinitis can develop from chronic exposures to the chemicals identified by the Veteran but that his rhinitis did not develop in this manner.  The examiner then failed to explain why the Veteran's symptoms and medical record did not align with how rhinitis is known to develop.  In short, the examiner provided opinions but no rationale.  Therefore, a remand is necessary to obtain another addendum opinion. 

The matters are REMANDED for the following action:

1. Obtain an addendum opinion addressing etiology of the Veteran's rhinitis, claimed as sinusitis. 

Following complete review of the evidence of record, and with consideration of the Veteran's lay statements, please provide the following opinion: 

Is the Veteran's rhinitis, claimed sinusitis, at least as likely as not (50 percent probability or higher) etiologically related to his active-duty service, to include as due to exposure to hazardous chemicals used to maintain and fuel vehicles?

A complete rationale for this opinion must be provided.  If the examiner is unable to form an opinion without resorting to speculation, he or she must indicate why this is so.  The examiner is informed that an opinion based solely on the lack of corroborating medical evidence during service is not adequate.  

 

H.M. WALKER

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	A. Price, Esq. 

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.