The Board denied the veteran's petitions to reopen his service connection claims for various conditions, finding that new and material evidence had not been submitted.
The deciding factor: The evidence received since the last denial did not relate to an unestablished fact necessary to substantiate the claims of service connection.
- Claimed conditions
- residuals cerebrovascular accident, right spastic hemiparesis, lumbosacral paravertebral myositis with clinical bilateral S1 lumbar radiculopathy, chronic maxillary sinusitis, chronic obstructive pulmonary disease (COPD), bronchial asthma, cellulitis, right hand, and lymphangitis, right arm
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 15, 2008
- Citation
- 0835358
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 0835358.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Veteran's claims for an initial compensable disability rating for chronic maxillary sinusitis and service connection for an acquired psychiatric disorder are being remanded due to deficiencies in the prior examinations and potential errors in obtaining necessary medical opinions.
- Granted
The Veteran's chronic maxillary sinusitis is granted an initial rating of 30 percent, but not higher, for the entire period on appeal.
- Granted
The Board has granted effective dates of December 15, 2022 for the service connection grants of chronic allergic rhinitis and chronic maxillary sinusitis.
- Denied
The Veteran's claims for service connection for allergic rhinitis and chronic maxillary sinusitis were granted on March 19, 2024. The Board found that the earliest date of claim was March 19, 2024, which is also the effective date as these conditions are not presumed or related to a pre-existing condition.
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