The Veteran's claim for service connection for sinusitis is denied as there is no evidence of chronic sinusitis that manifested in or was otherwise related to military service.,The Veteran's claim for a compensable evaluation for herpes simplex prior to September 22, 2011 is denied. The condition affected less than 5% of the entire body and required only topical therapy during the past year.,The Veteran's claim for a 10 percent evaluation for herpes simplex from September 22, 2011 to May 26, 2016 is granted as it affected at least 5% but less than 20% of the entire body and required prescribed antiviral medication with frequency.,The Veteran's claim for an evaluation in excess of 30 percent for herpes simplex since May 26, 2016 is denied. The condition affected 5 to 20% of the total and exposed body and required antiviral medications for control but no systemic therapy.
The deciding factor: The Veteran's service treatment records did not show any diagnosis or treatment for sinusitis during his military service, and there is no evidence of chronic sinusitis post-service. The VA examiner found no evidence of a chronic disorder.,The Veteran reported experiencing herpes outbreaks but the medical records showed that he had been in remission since at least 2003. During the relevant time period, the condition affected less than 5% of his body and required only topical therapy.,From September 22, 2011 to May 26, 2016, the Veteran's herpes simplex outbreaks required prescribed antiviral medication with frequency, spreading beyond the initial site and affecting more areas. The condition affected at least 5% but less than 20% of his body.,Since May 26, 2016, the Veteran's herpes simplex affected 5 to 20% of the total and exposed body and required antiviral medications for control but no systemic therapy.
- Claimed conditions
- sinusitis, herpes simplex
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 24, 2018
- Citation
- 18129166
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 18129166.
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.
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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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The Board has remanded the Veteran's claims for service connection due to errors in obtaining relevant medical records and authorization for private treatment providers. The issues include heart disorder, OSA, sinusitis, lumbar spine disorder, and right knee disorder all related to Agent Orange exposure.
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