93 Decision Citation: BVA 93-08933 Y93 BOARD OF VETERANS' APPEALS WASHINGTON, D.C. 20420 DOCKET NO. 91-43 513 ) DATE ) ) ) THE ISSUES 1. Entitlement to service connection for defective hearing. 2. Entitlement to service connection for tinnitus. 3. Entitlement to service connection for allergic rhinitis. 4. Entitlement to service connection for a sinus disorder. 5. Entitlement to service connection for bronchitis. REPRESENTATION Appellant represented by: Paralyzed Veterans of America, Inc. WITNESS AT HEARING ON APPEAL Veteran ATTORNEY FOR THE BOARD G. Wm. Thompson, Counse INTRODUCTION The veteran had active service from July 1978 to June 1988. This case was previously before the Board of Veterans' Appeals (Board) and reman February 1992 to the Department of Veterans Affairs (VA) Muskogee, Oklahoma, Reg Office (RO) for additional development. Subsequently, there was additional rating acti Diego, California, RO in August 1992, and that RO issued a supplemental statemen later that same month. The case was returned to the Board and docketed in Decem veteran has been represented throughout this appeal by Paralyzed Veterans of Ame that organization submitted additional written arguments on behalf of the vetera CONTENTIONS OF APPELLANT ON APPEAL The veteran asserts that during his 10-year career in the Army he was exposed to conditions as a tank crew member, resulting in a hearing loss and tinnitus assoc exposure, and that his allergic rhinitis was radically aggravated by service, to of a sinus disorder and bronchitis. DECISION OF THE BOARD In accordance with the provisions of 38 U.S.C.A. § 7104 (West 1991), following review and consideration of all evidence and material of veteran's claims file, and for the following reasons and bases, it is the decisi preponderance of the evidence is against a grant of service connection for defec tinnitus, allergic rhinitis, a sinus disorder and bronchitis. FINDINGS OF FACT 1. All relevant evidence necessary for an equitable disposition of the veteran' obtained by the originating agency. 2. Defective hearing, for VA service connection purposes, was not demonstrated has it been demonstrated after service. 3. Tinnitus was not shown in service; the first reference to tinnitus was after shown to be related to any incident of service. 4. During service the veteran experienced acute, seasonal, episodes of allergic unequivocally preexisted service for many years; allergic rhinitis did not incre service. 5. A chronic sinus disorder was not demonstrated in service or after service. 6. Chronic bronchitis was not demonstrated in service or after service. CONCLUSIONS OF LAW 1. Defective hearing was not incurred in or aggravated by active military servi 1131, 5107(a) (West 1991); 38 C.F.R. §§ 3.303(a), 3.385 (1992). 2. Tinnitus was not incurred in or aggravated by active military service. 38 U 5107(a); 38 C.F.R. § 3.303(a) (1992). 3. Allergic rhinitis was not incurred in or aggravated by active military servi 1131, 1153, 5107(a) (West 1991); 38 C.F.R. §§ 3.303(a)(c) 3.306, 3.382 (1992). 4. A chronic sinus disorder was not incurred in or aggravated by active militar U.S.C.A. §§ 1131, 5107(a); 38 C.F.R. § 3.303(a) (1992). 5. Bronchitis was not incurred in or aggravated by active military service. 38 5107(a); 38 C.F.R. § 3.303(a). REASONS AND BASES FOR FINDINGS AND CONCLUSIONS This case was previously before the Board, and remanded for additional developme 1992. There is no indication that there are additional records, germane to the could be obtained and associated with the record. The Board and the veteran hav requirements of 38 U.S.C.A. § 5107(a). Basically, service connection can be established if a preexisting disease or dis by service, if a particular disease or injury, resulting in disability, is incurred coincident with service, if a disability is found to be proximately service-connected disease or injury, or if a chronic disease is manifested to a within one year thereafter. 38 C.F.R. §§ 3.303, 3.307, 3.310 (1992). Defective Hearing The veteran contends, in essence, that he was exposed to loud noises during his and that audiometric studies in service reflect hearing loss. The Board has rev audiometric studies and points out that such studies, from enlistment in Novembe medical evaluation board examination in April 1988, show a considerable variatio threshold levels, at all frequencies, for both ears. When the veteran entered service he had a 20-de 3,000 hertz in the left ear, with some fluctuation at that and other frequencies during service. However, all puretone thresholds were less than 40 decibels, wi frequencies having thresholds of 25 decibels or less whenever the veteran's hear during service. When the veteran was provided an audiometric examination by the 1992 his hearing was within normal limits for VA service connection purposes, an that the puretone threshold level in the left ear, at 3,000 hertz, was 25 decibels. At that same time speech recognition was 100 percent in each ear. Based on the audiometric studies in service and after service, there is no basis for an award of service connecti hearing. 38 U.S.C.A. §§ 1131, 5107(a); 38 C.F.R. §§ 3.303(a), 3.385. It has been argued on behalf of the veteran that a specific medical text should for delineating defective hearing for service connection. However, there are re for gauging defective hearing for VA compensation benefit purposes, and the vete have a service connectable hearing loss under those standards. 38 C.F.R. § 3.385. It has also been argued that, since 38 C.F.R. § 3.385 became effective April 3, veteran's claim was pending, Karnas v. Derwinski, 1 Vet.App. 308 (1991) is for a this regard, the Board points out that there have been guidelines for evaluating VA compensation purposes, in M21-1, Part 1, paragraph 50.07 for decades before 1 Board also notes that the United States Court of Veterans Appeals in Fugere v. D 1 Vet.App. 103 (1990) held that the pertinent provision in M21-1, Part 1, dealing with the evaluation of hearing loss, was for application. the record shows that Karnas is not for application. Tinnitus The first reference to tinnitus in the record is almost a year after his separation from service. There has been no diagnosis of an infec other organic disease, including hearing loss, associated with the veteran's act account for the post-service complaints of tinnitus. Also, although on VA examination in 1992, the veteran reported a 1 of tinnitus, that history is not documented by the numerous service medical reco he gave a history of "[e]ar, nose or throat trouble" when examined for discharge from service. However, that hist the examiner to refer to an allergy, with no mention of tinnitus or any other ea hearing loss. We give considerable weight to the official records contemporaneo Whatever the origin of tinnitus, the record does not show a relationship to the military service. There is no basis for an award of service connection for tinn § 1131, 5107(a); 38 C.F.R. § 3.303(a). Allergic Rhinitis Diseases of allergic etiology, including bronchial asthma, may not be disposed of routinely for compensation purposes as constitutional or developmental abnormalities. Service connection must be de evidence as to existence prior to enlistment and, if so existent, a comparative of its severity at enlistment and subsequently. An increase in the degree of di may not be disposed of routinely as natural progress nor as due to the inherent disease. Seasonal and other allergic manifestations subsiding on the absence of allergen are generally to be regarded as acute diseases, healing without residua determination as to service incurrence or aggravation must be on the whole evide 38 C.F.R. § 3.380. A review of the veteran's service medical records shows that although he denied fever on enlistment in 1977, in August 1979 he was seen for complaints of shortn in September 1979, when seen at an eye clinic, he admitted to having "allergies, seen at a medical clinic that same month, it was noted that he had watery, itchy eyes, s "seasonal allergy." The veteran's service medical records also show that in Jun September 1980 the veteran was seen for complaints of allergies and allergic rhi dating back to age 5, and in July 1981 he was again seen for seasonal rhinitis a allergy clinic. He underwent testing in October 1981 at the allergy clinic. In veteran was treated for a nasal discharge and in April 1988 he was treated for s and sinus symptoms secondary to such allergies. It is clear from the record tha allergy problem existed prior to service. Further, the record shows that during underwent seasonal acute allergic manifestations that subsided on the absence of allergens. The allergic rhinitis in service was an acute exacerbation of the di back to age 5 and for which the veteran had undergone testing in his early teens not show an increase in the basic underlying pathology during service, and in fact, recorded symptoms after 1981 appears to indicate a lessening of the symptomatology. In any event, the e afford a basis for an award of service connection for allergic rhinitis. 38 U.S.C.A. §§ 1131, 1153, 5107(a); 38 C.F.R. §§ 3.303(c), 3.306(a), 3.380. Sinus Disorder The evidence of record shows that on at least two occasions in service, in June 1988, the veteran was treated for a sinus problem associated with his acute alle sinus disorder was treated conservatively and resolved. Post-service examinatio not reflect a sinus disorder and X-ray studies of the paranasal sinuses showed t The evidence of record does not show that the veteran has a chronic sinus disord that he currently has a disorder of the sinuses. Service connection cannot be e disability which has not been clinically demonstrated. In this instance, a chro not been shown. There is no basis for an award of service connection for a sinu U.S.C.A. §§ 1131, 5107(a); 38 C.F.R. § 3.303(a). Bronchitis On at least one occasion in service, the veteran was treated for bronchial condi his seasonal allergies. The veteran was treated conservatively and the problem complications or residual impairment. There is no medical evidence of record sh veteran currently has chronic bronchitis. Recent VA pulmonary function studies were normal and after a physical examination, the clinically significant pulmonary disease. As pointed out above, service connect established for a disability which has not been clinically demonstrated. Inasmu record, including examination by the VA in April 1992, does not show that the ve bronchitis, there is no basis for an award of service connection. 38 U.S.C.A. § 38 C.F.R. § 3.303(a)(b). ORDER Service connection for defective hearing, tinnitus, allergic rhinitis, a sinus d denied. BOARD OF VETERANS' APPEALS WASHINGTON, D.C. 20420 * JANE E. SHARP PHILIP E. WRIGHT *38 U.S.C.A. § 7102(a)(2)(A) (West 1991) permits a Board of Veterans' Appeals Se direction of the Chairman of the Board, to proceed with the transaction of busin awaiting assignment of an additional Member to the Section when the Section is c fewer than three Members due to absence of a Member, vacancy on the Board or ina Member assigned to the Section to serve on the panel. The Chairman has directed that the Section proceed with the transaction of busin issuance of decisions, without awaiting the assignment of a third Member. NOTICE OF APPELLATE RIGHTS: Under 38 U.S.C.A. § 7266 (West 1991), a decision of the Board of Veterans' Appeals granting less than the complete benefit, or benef appeal is appealable to the United States Court of Veterans Appeals within 120 d of mailing of notice of the decision, provided that a Notice of Disagreement con an issue which was before the Board was filed with the agency of original jurisd November 18, 1988. Veterans' Judicial Review Act, Pub. L. No. 100-687, § 402 (1 date which appears on the face of this decision constitutes the date of mailing decision which you have received is your notice of the action taken on your appe Veterans' Appeals.