The Board has determined that the Veteran does not have a current sinusitis disability and finds that his statements regarding this condition are less credible. The evidence of record is against a finding that he had such a disability during service or since then.,Evidence received since the September 1997 RO decision, which denied service connection for a back injury, raises a reasonable possibility of substantiating the claim of entitlement to service connection for a back disability. Therefore, the claim is reopened.
The deciding factor: The Veteran's STRs are more probative than his post-service statements regarding a sinusitis disability. The most probative evidence of record is against a finding that he has a current sinusitis disability causally related to or aggravated by active service.,The earliest post-service clinical evidence of a back injury is in 2004, approximately 47 years after separation from service. The competent and credible evidence of record is against a finding that the Veteran's service-connected heart disease results in a workload of 5 METs or less, left ventricle dysfunction with an ejection fraction of 50 percent or less, or more than one episode of acute heart failure in the past year.
- Claimed conditions
- sinusitis, back disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 11, 2015
- Citation
- 1538861
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 1538861.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board has reopened the Veteran's claims of service connection for a back disability, endometriosis, thyroid condition, and chronic fatigue syndrome due to new evidence submitted since the last final denial. The claims are now considered on their merits.
- Remanded (sent back)
The Board has decided to remand the case due to incomplete service treatment records and a need for additional VA examination. The Veteran's back disability is being reviewed again with new evidence.
- Remanded (sent back)
The Board has remanded the claims of service connection for back, hip, and lower extremity disabilities due to a lack of VA examination and outstanding treatment records. The Veteran's current diagnoses and lay statements will be considered in determining if his conditions are related to service.
- Remanded (sent back)
The Board has found a pre-decisional duty to assist error and has ordered the case back to the AOJ for proper notice regarding the Veteran's right to a hearing.
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