Service connection for chronic sinusitis is denied.

Citation Nr: A26069982 Decision Date: 07/30/26 Archive Date: 07/30/26 DOCKET NO. 250707-562054 DATE: July 30, 2026 ORDER Service connection for chronic sinusitis is denied. FINDINGS OF FACT 1. The Veteran is not diagnosed with chronic sinusitis. 2. The Veteran has a separately docketed appeal for entitlement to service connection for allergic rhinitis. CONCLUSION OF LAW The criteria for service connection for chronic sinusitis have not been met. 38 U.S.C. §§ 1110, 1117, 1118, 1120, 1168; 38 C.F.R. §§ 3.303, 3.317, 3.320. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served in the United States Air Force from August 1991 to January 2000. This matter comes before the Board of Veterans' Appeals (Board) from a June 2025 rating decision issued by the Department of Veterans Affairs (VA) regional office, an agency of original jurisdiction (AOJ). The appeal is being reviewed under the modernized review system, commonly referred to as the "AMA," as established by the Veterans Appeals Improvement and Modernization Act of 2017. 115 Pub. L. No. 55, 131 Stat. 1105. A May 2025 rating decision denied the Veteran's original December 2024 claim for entitlement to service connection for sinusitis, allergies, and sleep issues. The June 2025 rating decision on appeal denied the Veteran's May 2025 request for Higher- Level Review (HLR) of the December 2024 rating decision. In the July 7, 2025 VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement), the Veteran elected the Direct Review docket. Therefore, the Board may only consider the evidence of record at the time of the May 2025 rating decision, which was subsequently subject to HLR. 38 C.F.R. § 20.301. If evidence was submitted during the period after the AOJ issued the decision, which was subsequently subject to HLR the Board did not consider it in its decision. 38 C.F.R. §§ 20.300, 20.301, 20.801. If the Veteran would like VA to consider any evidence that was submitted that the Board could not consider, the Veteran may file a Supplemental Claim (VA Form 20-0995) and submit or identify this evidence. 38 C.F.R. § 3.2501. If the evidence is new and relevant, VA will issue another decision on the claim, considering the new evidence in addition to the evidence previously considered. Id. Specific instructions for filing a Supplemental Claim are included with this decision. Private treatment records were added to the claims file in January 2026, but the AMA restricts the Board's consideration of the January 2026 private treatment records. See January 2026 Medical Treatment Record. However, the Court held in Bolds v. McDonough, 37 Vet. App. 359 (2024), that the AMA's restrictions on the Board's consideration of evidence received after an appealed decision may be waived by the Secretary. Therefore, the Board has waived the AMA's restrictions to consider the January 2026 private treatment records in the adjudication of the Veteran's claim. Service Connection Service connection may be granted for a disability resulting from disease or injury incurred in or aggravated by active military, naval, or air service. 38 U.S.C. § 1110; 38 C.F.R. § 3.303 (a). Generally, service connection for a disability requires evidence of: (1) the existence of a current disability; (2) the existence of the disease or injury in service, and; (3) a relationship or nexus between the current disability and any injury or disease during service. Shedden v. Principi, 381 F.3d 1163 (Fed. Cir. 2004). Service connection is warranted on a presumptive basis for asthma, rhinitis, sinusitis, and rhinosinusitis, as chronic diseases associated with exposure to fine particulate matter, if the conditions manifest to any degree (including non-compensable), for qualifying service in Southwest Asia or certain other areas during the Persian Gulf War. 38 C.F.R. § 3.320. These provisions became effective on August 5, 2021. See Interim Final Rule, 86 FR 42724 (August 5, 2021). The Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxins Act of 2022 (PACT Act) provides presumptive service connection for toxic exposure. See PACT Act of 2022, Pub. L. 117-168 (Enacted, August 10, 2022). The PACT Act, which became effective August 10, 2022, removed a previous requirement for manifestation within 10 years and for manifestation to a compensable degree. See PACT Act of 2022, Pub. L. 117-168 (Enacted, August 10, 2022). The Southwest Asia theater of operations means Iraq, Kuwait, Saudi Arabia, the neutral zone between Iraq and Saudi Arabia, Bahrain, Qatar, the United Arab Emirates, Oman, the Gulf of Aden, the Gulf of Oman, the Persian Gulf, the Arabian Sea, the Red Sea, and the airspace above these locations, as defined in § 3.317(e)(2). Qualifying areas further include Afghanistan, Syria, Djibouti, or Uzbekistan on or after September 19, 2001, during the Persian Gulf War, as specified in 38 C.F.R. § 3.320 (a)(5). Covered veterans are presumed to have been exposed to fine, particulate matter during such service, unless there is affirmative evidence to the contrary. 38 C.F.R. § 3.320 (a)(4). When there is an approximate balance of positive and negative evidence regarding any issue material to the determination of a matter, the Secretary shall give the benefit of the doubt to the claimant. 38 U.S.C. § 5107; 38 C.F.R. § 3.102; Lynch v. McDonough, 21 F.4th 776 (Fed. Cir. 2021). Service connection for chronic sinusitis. The Veteran seeks service connection for chronic sinusitis. See July 7, 2025 VA Form 10182. The AOJ found the Veteran participated in a toxic exposure risk activity (TERA) during service, as he served as a bomber phase inspector and was exposed to hazards, chemicals, or solvents. See June 2025 Rating Decision. The Veteran does not have a current diagnosis of sinusitis. Moreover, he has not had a diagnosis for sinusitis during the pendency of the claim or recent to the filing of the claim. Romanowsky v. Shinseki, 26 Vet. App. 289, 294 (2013); McClain v. Nicholson, 21 Vet. App. 319, 321 (2007). The Veteran claimed he has chronic sinusitis, but the evidence does not indicate he is currently diagnosed with chronic sinusitis. The Veteran described his medical history as "seasonal allergies," and reported he began experiencing stuffy nose, post-nasal drop at night, difficulty breathing, dry mouth at night, and frequent sneezing when he was deployed as a crew chief and worked B52 maintenance, and his symptoms have continued and worsened ever since. See December 2024 VA Form 21-526EZ; June 2025 VA Examination; February 2023 CAPRI; December 2024 Buddy / Lay Statement. Veterans are competent to provide evidence of that which they experience, including symptoms and medical history. Layno v. Brown, 6 Vet. App. 465, 469 (1994). Lay people are competent to describe visible or otherwise observable symptoms of disability. Jandreau v. Nicholson, 492 F.3d 1372, 1376-77 (Fed. Cir. 2007). The Veteran is competent to describe his allergy symptoms and to report his medical history. If lay evidence is competent, the Board must then determine if the evidence is credible, or worthy of belief. Barr v. Nicholson, 21 Vet. App. 303, 308 (2007). The Veteran's statements indicate he experiences allergy symptoms but do not suggest that he has chronic sinusitis. The Veteran's statements are consistent with other probative evidence demonstrating the Veteran does not have chronic sinusitis and therefore are credible. The Veteran's statements do not weigh in favor of the claim. VA treatment records show the Veteran has been diagnosed with seasonal allergies and allergic rhinitis but do not show that he has been diagnosed with chronic sinusitis. See February 2023 CAPRI; January 2025 CAPRI. In October 2003, the Veteran reported he has a medical history of seasonal allergies. See February 2023 CAPRI. In June 2014, the Veteran reported he takes over-the-counter (OTC) allergy medication during allergy season. Id. April 2016 and January 2018 VA providers indicated the Veteran has allergy-related symptoms and did not find that the Veteran has chronic sinusitis. See February 2023 CAPRI. October 2020, January 2021, May 2021, July 2021, January 2022, and February 2023 treatment notes indicate the Veteran takes cetirizine twice per day for allergies. See February 2023 CAPRI. A September 2023 VA allergy and immunology doctor diagnosed allergic rhinitis and did not diagnose chronic sinusitis. See January 2025 CAPRI. Thus, the records confirm the Veteran is not diagnosed with chronic sinusitis. VA treatment records are consistent with other probative evidence demonstrating the Veteran does not have chronic sinusitis. VA treatment records do not weigh in favor of the claim. Private treatment records do not establish a diagnosis for chronic sinusitis. The Veteran sought treatment in March 2008, August 2009, and January 2014 for cough, nasal congestion, chest congestion, sore throat, difficulty swallowing, and ear pain, and he was diagnosed with upper respiratory infections (URIs) and bronchitis. See January 2026 VA Form 21-4142a General Release for Medical Provider Information. A May 2008 physical examination noted the Veteran reported his only chronic condition was "extrinsic allergies with allergic rhinitis." Id. Private treatment records are consistent with other probative evidence demonstrating the Veteran does not have chronic sinusitis. Private treatment records do not weigh in favor of the claim. A January 2025 VA examiner did not diagnose the Veteran with chronic sinusitis. See June 2025 VA Examination. The examination is adequate because the examiner conducted an in-person examination, considered the Veteran's lay statements, and reviewed the Veteran's records. Nieves- Rodriguez v. Peake, 22 Vet. App. 295, 304 (2008); Stefl v. Nicholson, 21 Vet. App. 120, 124 (2007). The examiner diagnosed the Veteran with allergic rhinitis, acknowledged the Veteran has experienced allergic rhinitis since 1995, and indicated the Veteran's nasal and respiratory symptoms are caused by allergic rhinitis. See January 2025 VA Examination. The examination is consistent with other probative evidence demonstrating the Veteran does not have chronic sinusitis. The January 2025 VA examination does not weigh in favor of the claim. The Veteran asserted his chronic sinusitis is related to a toxic exposure risk activity (TERA) during service, but the Veteran does not have a current chronic sinusitis disability, so the Board need not address whether a nexus exists. For the above reasons, the evidence persuasively weighs against the claim. The benefit of the doubt doctrine is therefore not for application and service connection for chronic sinusitis is not warranted. See Lynch v. McDonough, 21 F.4th 776 (Fed. Cir. 2021) (en banc). SHAUN S. SPERANZA Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Webre, Jennifer A. 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.