The appeal seeking to reopen a claim of service connection for headaches and dizziness with blackouts is denied.,The appeals seeking to reopen claims of service connection for bronchitis and COPD are granted. The de novo review of these claims is remanded.,The appeal seeking to reopen a claim of service connection for chronic sinusitis is remanded.,The appeal seeking to reopen a claim of service connection for allergic rhinitis is remanded.
The deciding factor: New and material evidence has not been received, and the claims of service connection for headaches and dizziness with blackouts may not be reopened. The additional evidence does not relate to an unestablished fact necessary to substantiate the claim.,Evidence received since the February 1995 rating decision includes a medical opinion relating the Veteran’s variously diagnosed respiratory disabilities to her active duty service, including as due to environmental exposures therein. This evidence relates to an unestablished fact necessary to substantiate the claims of service connection for bronchitis and COPD.,The appeal seeking to reopen a claim of service connection for chronic sinusitis is remanded because new and material evidence has not been received.,The appeal seeking to reopen a claim of service connection for allergic rhinitis is remanded because new and material evidence has not been received.
- Claimed conditions
- headaches and dizziness with blackouts, bronchitis, chronic obstructive pulmonary disease (COPD), chronic sinusitis, allergic rhinitis
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- December 2, 2019
- Citation
- 19190352
Veterans Law Judge
Decisions by this judge: 2,699 · Granted: 17% (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 19190352.
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: Denied
The Veteran's respiratory disability, including asthma and COPD, is denied as service connection is not warranted due to the condition being solely attributed to smoking.
- Whole decision: Dismissed
The Veteran's appeals for service connection for asthma and a 10 percent rating based on multiple noncompensable service-connected disabilities were dismissed. The claim of entitlement to a compensable rating for eczema was denied, while the claim of entitlement to allergic rhinitis was not addressed as it pertained to different issues.
- Whole decision: Denied
The Board has denied service connection for chronic rhinitis, chronic sinusitis, and chronic fatigue syndrome as there is no evidence of a current disability in the record.
- Whole decision: Dismissed
The Veteran's appeal for a higher rating for right foot disability status post Mitchell's bunionectomy is granted with an effective date of July 25, 2023.,The Veteran's appeal for a higher rating for left foot disability status post Mitchell's bunionectomy is dismissed as it does not meet the criteria for an earlier effective date.
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