The Board denied the Veteran's claim for compensation under 38 U.S.C. § 1151 for residuals of nasal surgery, finding that his symptoms were not due to negligence or carelessness on behalf of VA personnel.
The deciding factor: The Board found that the evidence did not show additional disability resulting from medical treatment provided by VA and that the Veteran's complaints were likely due to a chronic rhinitis and empty nose syndrome after the surgery.
- Claimed conditions
- Nasal obstruction, Allergic rhinitis, Deviated nasal septum, Turbinate hypertrophy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- April 25, 2019
- Citation
- 19132134
Veterans Law Judge
Decisions by this judge: 2,050 · Granted: 32% (granted or partly granted, in the indexed decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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. Read the original VA decision (opens in a new tab) using citation 19132134.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Partly granted
The Veteran's appeal for an effective date prior to February 5, 2024, for a 10 percent evaluation of allergic rhinitis was denied. The Veteran also appealed for a higher rating for his allergic rhinitis and this was denied as well.,The Veteran's PTSD with TBI claim is remanded due to inadequate medical examinations.
- Whole decision: Remanded (sent back)
The Board has determined that there was a duty to assist error and remands the case for further development. The Veteran contends his allergic rhinitis began during service, but VA medical opinions have found no link between his current condition and service.
- Whole decision: Dismissed
The Board has dismissed the appeal for service connection of allergic rhinitis. Service connection is granted for a skin disorder (Pseudofolliculitis barbae) and denied for a chronic cervical spine disorder.
- Whole decision: Denied
The Veteran's appeal for higher ratings for GERD and allergic rhinitis was denied. The Board found that the evidence did not support a rating in excess of 10 percent for GERD, as there is no documented history of recurrent esophageal stricture causing dysphagia requiring daily medications or dilatation more than once per year. For allergic rhinitis, the Veteran's symptoms were not severe enough to warrant a compensable rating due to lack of polyps and obstruction.
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.