Citation Nr: 22047348 Decision Date: 08/19/22 Archive Date: 08/19/22 DOCKET NO. 19-37 109 DATE: August 19, 2022 ORDER Entitlement to an increased, 30 percent disability evaluation for allergic rhinitis is granted. FINDING OF FACT The Veteran's allergic rhinitis is manifested by nasal polyps and occasional nasal blockage. CONCLUSION OF LAW The criteria for an increased, 30 percent disability evaluation, but no higher, for allergic rhinitis have been met. 38 U.S.C. §§ 1155, 5103A, 5107; 38 C.F.R. §§ 3.102, 3.159, 3.321, 4.97, Diagnostic Code 6522 (2021). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty in the U.S. Navy from October 1975 to October 1979. This matter comes before the Board of Veterans' Appeals (Board or BVA) on appeal from an April 2018 rating decision of the Department of Veterans Affairs (VA) Agency of Original Jurisdiction (AOJ). In April 2021, a virtual hearing was held before the undersigned Veterans Law Judge (VLJ) of the Board. A transcript of the hearing is included in the claims file. Duties to Notify and Assist Neither the Veteran nor his representative have raised any issues with the duty to notify or duty to assist. See Scott v. McDonald, 789 F.3d 1375, 1381 (Fed. Cir. 2015) (holding that "the Board's obligation to read filings in a liberal manner does not require the Board... to search the record and address procedural arguments when the veteran fails to raise them before the Board."); Dickens v. McDonald, 814 F.3d 1359, 1361 (Fed. Cir. 2016) (applying Scott to a duty to assist argument). Increased Rating Disability evaluations are determined by application of the criteria set forth in the VA's Schedule for Rating Disabilities, which is based on average impairment in earning capacity. 38 U.S.C. § 1155; 38 C.F.R. Part 4. An evaluation of the level of disability present must also include consideration of the functional impairment of the Veteran's ability to engage in ordinary activities, including employment. 38 C.F.R. § 4.10. After careful consideration of the evidence, any reasonable doubt remaining is resolved in favor of the Veteran. 38 C.F.R. § 4.3. Separate evaluations may be assigned for separate periods of time based on the facts found. In other words, the evaluations may be staged. Staged ratings are appropriate for any rating claim when the factual findings show distinct time periods during the appeal period where the service-connected disability exhibits symptoms that would warrant different ratings. Fenderson v. West, 12 Vet. App. 119 (1999); Hart v. Mansfield, 21 Vet. App. 505 (2007). 1. Entitlement to an increased disability evaluation for allergic rhinitis, initially rated as noncompensable (0 percent disabling). The Veteran is currently assigned a noncompensable (i.e., 0 percent) disability rating for allergic rhinitis pursuant to 38 C.F.R. § 4.97, Diagnostic Code 6522. According to Diagnostic Code 6522, the minimum compensable rating of 10 percent is warranted for allergic 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 disability evaluation requires polyps. See 38 C.F.R. § 4.97, Diagnostic Code 6522 (2021). Upon reviewing these rating criteria in relation to the evidence for consideration, the Board finds that the disability picture for the Veteran's service-connected allergic rhinitis is most consistent with a 30 percent disability rating, which is the highest rating available, for the entire rating period on appeal. The Board acknowledges that the objective clinical evidence of record does not show that the Veteran experiences at least 50 percent obstruction of either nasal passage. However, the December 2017 VA treatment records reflect that the Veteran has been treated for nasal polyps. Likewise, the March 2018 and October 2020 VA examination reports indicate that the Veteran has permanent hypertrophy of the nasal turbinates. Moreover, the Board observes that the record reflects that the Veteran has consistently reported experiencing chronic congestion resulting in temporary obstruction of the nasal passages; he credibly testified before the undersigned that, despite undergoing a septoplasty for removal of polyps in December 2017, his symptoms, including congestion and nasal obstruction, have not improved. The Veteran is competent to report his symptoms and has presented credible statements in this regard. Layno v. Brown, 6 Vet. App. 465, 469 (1994). The Board notes that the March 2018 and October 2020 VA examinations were negative for granulomatous conditions and rhinoscleroma, and thus, an increased disability evaluation under other diagnostic codes governing respiratory disabilities is not warranted in this case. Therefore, the Board finds that the symptoms of the Veteran's allergic rhinitis most closely approximate the criteria for a 30 percent disability evaluation, but no higher, for the entire rating period on appeal. GAYLE STROMMEN Veterans Law Judge Board of Veterans' Appeals Attorney for the Board H. Brokowsky, 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.