The Veteran's claims for increased ratings for chronic sinusitis with headaches and allergic rhinitis, as well as the derivative TDIU claim based on his left eye disability, are being remanded due to incomplete development. The SOC has not been provided to the Veteran and his representative, and the referral of the TDIU claim to the Director of Compensation Service for extra-schedular consideration is required.
The deciding factor: The claims were not properly developed as per previous Board directives, including the need for an SOC and timely Substantive Appeal. The derivative TDIU claim must be referred to the Director of Compensation Service for extra-schedular consideration under 38 C.F.R. § 4.16(b).
- Claimed conditions
- chronic sinusitis, allergic rhinitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 29, 2021
- Citation
- 21077238
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 21077238.
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.
- 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.
- 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.
- Granted
The Veteran's service-connected disabilities rendered him so helpless as to be in need of regular aid and attendance, leading to the grant of SMC based on aid and attendance.
- Remanded (sent back)
The Board has decided to remand the Veteran's claims for service connection due to incomplete findings and failure to properly address the onset, cause, and nature of his conditions. The VA will need to schedule examinations to determine if his rhinitis and bilateral hand disabilities are related to service.
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