The Veteran seeks an earlier effective date for a 10 percent rating for his service-connected sinus disability, but the Board finds no legal basis to grant such as the February 1989 noncompensable rating is final and there is no indication of intent to file a claim prior to the February 19, 1998 increase in rating.
The deciding factor: The February 1989 noncompensable rating for sinus disability was final as the Veteran did not appeal. The effective date cannot be earlier than the date of the February 1989 decision due to the presumption of regularity and the fact that the Veteran received notice of this decision.
- Claimed conditions
- Sinus Disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 16, 2010
- Citation
- 1043155
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 1043155.
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.
- Partly granted
The Board granted service connection for an acquired psychiatric disorder, other than PTSD, diagnosed as adjustment disorder with anxious mood and alcohol use disorder, and left testicle pain. The claims for posttraumatic stress disorder (PTSD) and a sinus disability were denied, while the claim for a chronic vomiting disorder was also denied.
- Granted
The Veteran's service-connected traumatic brain injury, bilateral knee disabilities, and sinus disability prevented him from obtaining or retaining substantially gainful employment during the period on appeal prior to January 26, 2009.
- Denied
The Veteran's claims for allergic rhinitis, left leg scars, bilateral hearing loss, neurological disability of the left leg, and sinus disability have been denied. The Board is remanding the claims for erectile dysfunction, gastrointestinal disability, and sleep apnea.
- Granted
The Board has granted service connection for bladder cancer and left knee pain, but denied service connection for GERD, acne, right knee pain, erectile dysfunction, and sinus disability. The TDIU claim was dismissed.
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.