The Veteran's seasonal allergic rhinitis was not shown to be more than 50% obstructive, thus a compensable rating is denied.,There is no evidence of chronic increase in bilateral pes planus due to service. The pre-existing condition was not aggravated by active service.,No current disability manifested by bilateral tibial pain (shin splints) has been established.
The deciding factor: The Veteran's seasonal allergic rhinitis did not meet the criteria for a compensable rating as it did not result in greater than 50% obstruction of nasal passages on both sides or complete obstruction on one side.,There is no evidence of chronic increase in bilateral pes planus due to service. The pre-existing condition was not aggravated by active service.,No current disability manifested by bilateral tibial pain (shin splints) has been established.
- Claimed conditions
- Seasonal Allergic Rhinitis, Bilateral Pes Planus, Bilateral Tibial Pain (Shin Splints)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- September 21, 2009
- Citation
- 0935738
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. Search VA.gov for the original decision (opens in a new tab) using citation 0935738.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Dismissed
The Veteran's appeals for an initial compensable rating for athletes' foot and a greater than 30 percent rating for bilateral pes planus have been dismissed due to untimely VA Form 10182 submissions.,The Veteran's claim of service connection for chronic fatigue syndrome has been remanded.
- Whole decision: Granted
The Veteran's service connection for traumatic brain injury is granted, and he is awarded a higher level of SMC based on the need for aid and attendance due to his service-connected PTSD and additional disabilities.
- Whole decision: Remanded (sent back)
The Board has remanded the claims for service connection due to insufficient medical evidence in the file on which to decide these claims. The appellant's VA treatment records contain diagnoses of GAD and OSA, and he reported symptoms related to his disabilities during service. A new examination and opinion are required to determine if the acquired psychiatric disorder is associated with service, as well as for OSA and bilateral pes planus and plantar fasciitis.
- Whole decision: Granted
The Board has granted a higher initial rating of 100 percent for PTSD effective April 3, 2024, and assigned an earlier effective date of August 29, 2024, for allergic rhinitis. The Veteran's claim for DEA benefits and a higher initial rating for bilateral pes planus 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.