The Veteran's appeal for an earlier effective date for allergic rhinitis was dismissed. The petition to reopen his previously denied claim for a back disability is granted, and the issues of service connection for a back disability, right lumbar radiculopathy, left lumbar radiculopathy, allergic rhinitis, and sinusitis are remanded.
The deciding factor: The Veteran withdrew his appeal seeking an earlier effective date for allergic rhinitis. The claim to reopen his previously denied claim for a back disability is granted due to the submission of new evidence that relates to an unestablished fact necessary to substantiate the claim (a private opinion indicating the back disability is related to active duty service).
- Claimed conditions
- Allergic rhinitis, Back disability, Sinusitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 22, 2019
- Citation
- 19165398
Veterans Law Judge
Decisions by this judge: 1,990 · Granted: 35% (granted or partly granted, in the vetted 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. Look up the original decision on VA.gov (opens in a new tab) using citation 19165398.
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 the Veteran's claim for service connection of a back disability, finding that there was no evidence to support a nexus between his current condition and active duty service.
- 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.
- 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.
- Remanded (sent back)
The Board has decided to remand the Veteran's claim for a back disability due to incomplete service records and failure to consider all available evidence, including in-service treatment records from F.E. Warren Air Force Base.
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