The Board has determined that the veteran did not timely file a Substantive Appeal to the June 1999 rating decision. The RO is instructed to issue a statement of the case addressing the issues of entitlement to a compensable rating for sinusitis, as well as whether new and material evidence has been submitted to reopen claims of service connection for residuals of a tonsillectomy and adenoidectomy, residuals of a fractured right little finger, residuals of a right ankle sprain, residuals of a left ankle injury, a cervical spine disability, and a thoracic spine disability. If the veteran files a timely Substantive Appeal as to any of these issues, they should be returned for review by the Board.
The deciding factor: The veteran did not file a timely Substantive Appeal within the required time frame.
- Claimed conditions
- sinusitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 28, 2004
- Citation
- 0420477
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 0420477.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has found a pre-decisional duty to assist error and has ordered the case back to the AOJ for proper notice regarding the Veteran's right to a hearing.
- Remanded (sent back)
The Veteran's initial claim for an increased rating for sinusitis is being remanded due to a failure by the AOJ to provide proper notice of his right to a hearing.
- Remanded (sent back)
The Board has denied service connection for sinusitis and remanded the Veteran's claims for chronic lower back pain, right knee pain, left knee pain, neck pain, and GERD.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection due to errors in obtaining relevant medical records and authorization for private treatment providers. The issues include heart disorder, OSA, sinusitis, lumbar spine disorder, and right knee disorder all related to Agent Orange exposure.
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