The Veteran's claim for an earlier effective date for the award of service connection for allergic rhinitis is denied.,The claim for new and material evidence to reopen the claim for sleep apnea has been met, and the claim is reopened. Service connection for sleep apnea is granted.,Service connection for sleep apnea is granted as it is related to the Veteran's service-connected allergic rhinitis.,Rating in excess of 10 percent for allergic rhinitis is remanded due to inadequate treatment records.,Rating in excess of 10 percent for vertigo is remanded due to inadequate treatment records.,Rating in excess of 10 percent for GERD is remanded due to inadequate treatment records.,Entitlement to service connection for sinusitis is remanded due to inadequate treatment records.,Total disability rating for compensation based upon individual unemployability (TDIU) is remanded due to inadequate treatment records.
The deciding factor: The effective date for the grant of service connection for allergic rhinitis was not earlier than July 31, 2015 as no claim was filed prior to this date.,New and material evidence has been submitted in support of the Veteran's sleep apnea claim, including medical opinions linking his sleep apnea to his service-connected allergic rhinitis.,The Board finds that the Veteran’s sleep apnea is related to his service-connected allergic rhinitis. The medical opinion supports this finding.,Treatment records are inadequate for evaluating the severity of the Veteran's allergic rhinitis, necessitating further examination and evaluation.,Treatment records are inadequate for evaluating the severity of the Veteran's vertigo, necessitating further examination and evaluation.,Treatment records are inadequate for evaluating the severity of the Veteran's GERD, necessitating further examination and evaluation.,Treatment records are inadequate for evaluating the severity of the Veteran’s sinusitis, necessitating further examination and evaluation.,The TDIU claim is remanded due to inadequate treatment records.
- Claimed conditions
- Allergic rhinitis, Sleep apnea, Vertigo, Gastroesophageal reflux disease (GERD), Sinusitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 14, 2020
- Citation
- 20003361
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.
- 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.
- Remanded (sent back)
The Board remands the matters for additional development, including obtaining private treatment records and conducting VA examinations.
- Denied
The Board denied service connection for asbestosis, bronchitis, chronic obstructive pulmonary disease (COPD), rhinitis, sinusitis, and asthma. The Veteran's bilateral hearing loss was also denied a compensable rating.
- 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.
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