The Board has granted a 30% rating for chronic sinusitis, but has remanded the issue of service connection for TBI residuals due to a duty to assist error.
The deciding factor: There was a duty to assist error in failing to provide the Veteran with a clarifying VA examination or medical opinion prior to issuing its decision on the TBI residuals claim.
- Claimed conditions
- chronic sinusitis, residuals of a traumatic brain injury (TBI)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 18, 2019
- Citation
- A19002060
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.
- Denied
The Board denied service connection for a deviated septum and denied compensable ratings for allergic rhinitis, chronic sinusitis, hypothyroidism, and hypertension.
- Denied
The Board denied the veteran's claims for increased ratings and service connection, with the exception of remanding certain issues.
- Denied
The Board denied the veteran's claims for service connection, higher ratings, and earlier effective dates, as well as dismissed his claim for a TDIU.
- Remanded (sent back)
The Board remands the claims for service connection for chronic sinusitis, left shoulder strain, lumbosacral strain, and radiculopathy of the right lower extremity to ensure compliance with its previous remand directives.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.