The Board denied the Veteran's claims for earlier effective dates for service connection due to lack of legal merit. The earliest possible effective date is August 24, 2004.
The deciding factor: There was no pending claim for service connection prior to August 24, 2004, and the RO reopened the claims based on new evidence received after that date.
- Claimed conditions
- post-traumatic headache disorder, deviated nasal septum
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 21, 2009
- Citation
- 0935301
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 0935301.
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 Veteran's deviated nasal septum was granted service connection. The claims for anxiety and sleep disturbance, erectile dysfunction, headaches, acid reflux, hypertension (high blood pressure), irritable bowel syndrome, and jaw condition were denied.
- Denied
The Board denied a compensable disability rating for the Veteran's deviated nasal septum, finding that there were no compensable symptoms and that the evidence did not support a higher rating.
- Remanded (sent back)
The Veteran's service-connected disabilities alone are of sufficient severity to produce unemployability, meeting the schedular criteria for a TDIU throughout the appeal period. However, conflicting work history makes it impossible to determine his employment status during the period on appeal.
- Denied
The Board has determined that the Veteran's service-connected deviated nasal septum did not meet the criteria for a compensable disability rating, as it did not result in 50-percent obstruction of the nasal passage on both sides or complete obstruction on one side. Therefore, the appeal is denied.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.