The Board denied the Veteran's claim for an earlier effective date for maxillary sinusitis service connection, finding that there was no legal entitlement to such a date prior to when he filed his petition to reopen the previously denied and unappealed claim in June 1998. The Board also found that there was CUE in the December 1978 rating decision but determined that the correct effective date should be June 16, 1998.
The deciding factor: The effective date for a grant of service connection may not precede the date of receipt of a petition to reopen the claim. The Veteran's petition to reopen was filed in June 1998, and thus no earlier effective date is legally available.
- Claimed conditions
- maxillary sinusitis
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 7, 2009
- Citation
- 0912839
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 0912839.
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.
- Granted
The Board has granted service connection for obstructive sleep apnea as secondary to the Veteran's service-connected maxillary sinusitis and allergies, finding a causal relationship between these conditions.
- Granted
The Board has determined that the Veteran's obstructive sleep apnea (OSA) is caused by and/or aggravated by his service-connected maxillary sinusitis, resulting in a grant of service connection for OSA as secondary to the service-connected condition.
- Remanded (sent back)
The Veteran's bilateral plantar fasciitis and pes planus, hypertension, maxillary sinusitis, tension headaches, and PTSD with adjustment disorder with mixed anxiety and depressed mood are all granted. The left ankle condition is remanded for further review.
- Dismissed
The Veteran withdrew their appeal, so the case is dismissed.
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