The Board has remanded the case for further development and consideration of issues related to SMC at the housebound rate and an initial rating in excess of 30 percent for chronic allergic rhinitis with recurrent sinusitis.
The deciding factor: The Board found that the TDIU awarded based on multiple service-connected disabilities precludes entitlement to SMC, as it does not meet the criteria for a single disability rated at 100%.
- Claimed conditions
- chronic allergic rhinitis with recurrent sinusitis, right leg disorder, left leg disorder, abdominal disorder, bilateral foot disorders, bronchitis, gastroesophageal reflux disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 17, 2019
- Citation
- 19179128
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 bronchitis, COPD, asthma, and plantar fasciitis as not being related to the Veteran's military service. The Board also denied an increased rating for painful malunion of the left clavicle, compensation under 38 U.S.C. § 1151 for obstructive sleep apnea (OSA), and a total disability rating based on individual unemployability due to service-connected disabilities.
- Partly granted
The Board granted service connection for gastroesophageal reflux disease, obstructive sleep apnea, and chronic obstructive pulmonary disease but denied service connection for irritable bowel syndrome. The Board also denied an increased rating for the Veteran's service-connected psychiatric condition.
- Dismissed
The Board dismissed the claims for service connection for bronchitis, COPD, asthma, compensation under 38 U.S.C. § 1151 for OSA, and an increased rating higher than 20 percent for painful malunion of the left clavicle.
- Dismissed
The veteran's appeal for service connection for bilateral hearing loss, asthma, and bronchitis was dismissed as the Board Appeal request was not timely filed.
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