The Veteran's appeal for an increased rating for rhinitis was dismissed as the Veteran requested withdrawal of his appeal.,The effective date prior to June 24, 2015, for the grant of service connection for other specified phobia disorder is denied because new and material evidence did not require readjudication by the AOJ.
The deciding factor: The Veteran withdrew his appeal for an increased rating for rhinitis at a Board hearing.,VA treatment records dated within one year prior to June 24, 2015, were in VA's possession but did not constitute new and material evidence as they were duplicative of previous information.
- Claimed conditions
- rhinitis, sinusitis, other specified phobia disorder, other specified trauma disorder
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- 70%
- Decision date
- May 5, 2022
- Citation
- 22026526
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 22026526.
What this means for you
A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot. It says more about procedure than about whether a claim like this can win.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's rhinitis and gastric ulcer with hiatal hernia were evaluated, but the Board found that neither condition warranted a higher rating.,For rhinitis, the evidence did not show greater than 50 percent obstruction of both nasal passages or complete obstruction on one side. For gastric ulcer with hiatal hernia, symptoms were described as infrequent and mild.
- Remanded (sent back)
The Board has found a pre-decisional duty to assist error and has ordered the case back to the AOJ for proper notice regarding the Veteran's right to a hearing.
- Remanded (sent back)
The Veteran's initial claim for an increased rating for sinusitis is being remanded due to a failure by the AOJ to provide proper notice of his right to a hearing.
- Remanded (sent back)
The Board has denied service connection for sinusitis and remanded the Veteran's claims for chronic lower back pain, right knee pain, left knee pain, neck pain, and GERD.
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