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 assigned
- None in this decision
- Decision date
- April 25, 2019
- Citation
- 19132134
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Partly granted
The Board granted service connection for chronic headaches, CFS, dermatosis, bilateral RLS, a lumbar spine disability, and sleep apnea but denied a compensable evaluation for allergic rhinitis.
- Denied
The appeal for higher ratings and effective dates for various conditions was denied, with the exception of left and right lower extremity radiculopathy which were granted an earlier effective date.
- Denied
The Board denied service connection for bilateral hearing loss, tinnitus, a low back disability, residuals of a right foot injury, sinusitis, shortness of breath, allergic rhinitis, and sleep apnea as there was no evidence to support a link between these conditions and the Veteran's military service.
- Partly granted
The Board denied an increased rating for allergic rhinitis and remanded the claims for cervical spine, hip, thigh, and hip extension disorders for further development.
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