The Veteran's appeal is for an earlier effective date for a 50 percent evaluation for sinusitis. The Board denied the claim, finding that there was no increase in severity of his condition prior to December 31, 2001 and thus the effective date should be the date of claim.
The deciding factor: The Veteran's sinusitis did not show an increase in severity within one year prior to the receipt of his request for a higher evaluation. The Board found that he was only paid 10 percent of what he deserved due to the timing of his claims and denied the earlier effective date.
- Claimed conditions
- sinusitis, nasal polyps, asthma
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 50%
- Decision date
- June 17, 2009
- Citation
- 0922786
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 0922786.
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.
- Denied
The Veteran's respiratory disability, including asthma and COPD, is denied as service connection is not warranted due to the condition being solely attributed to smoking.
- Remanded (sent back)
The Board has decided to remand the cases of sleep apnea and asthma due to a failure to provide proper notice for a hearing.
- Dismissed
The Veteran's appeals for service connection for asthma and a 10 percent rating based on multiple noncompensable service-connected disabilities were dismissed. The claim of entitlement to a compensable rating for eczema was denied, while the claim of entitlement to allergic rhinitis was not addressed as it pertained to different issues.
- Granted
The Veteran's service-connected disabilities rendered him unable to secure and follow substantially gainful employment prior to August 14, 2023.
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