The Veteran's appeal is remanded for a VA examination to address the nature and etiology of any respiratory disorder diagnosed during the pendency of this appeal, including sinusitis, bronchitis, nonallergic rhinitis, allergic rhinitis, and chronic sinusitis. The examiner should determine if these conditions are at least as likely as not related to service or a nasal flu mist administered in November 2006.
The deciding factor: The remand is necessary due to the inadequate opinion provided by the April 2015 VA examiner based on an inaccurate factual basis, and the need for another examination to address the respiratory disorders diagnosed during the appeal period.
- Claimed conditions
- sinusitis, bronchitis, nonallergic rhinitis, allergic rhinitis, chronic sinusitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 3, 2016
- Citation
- 1608634
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 1608634.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- 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.
- Denied
The Board has denied service connection for chronic rhinitis, chronic sinusitis, and chronic fatigue syndrome as there is no evidence of a current disability in the record.
- 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.
- Remanded (sent back)
The Veteran's initial claim for an increased rating for sinusitis is being remanded due to a failure by the AOJ to provide proper notice of his right to a hearing.
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