The Board has remanded the Veteran's claims for increased ratings and service connection due to incorrect characterization of issues, changes in contact information, and scheduling errors. The Veteran is seeking service connection for an allergy to penicillin and increased ratings for various disabilities.
The deciding factor: The appeal was not properly characterized and there were scheduling errors that need to be corrected before the claims can be reconsidered.
- Claimed conditions
- Allergy to penicillin, Cervical spine disability, Thoracolumbar spine disability, Left knee disability, Asthma with histoplasmosis, Allergic rhinitis, Status post brain shunt placement scar, Head, Face and Neck Scars, Anterior and Posterior Trunk Scars, Upper and Lower Extremity Scars, Acquired Absence of Right Lung, Tension Headache
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 8, 2023
- Citation
- 23008312
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 23008312.
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 Veteran's service-connected cervical spine disability is rated at 20 percent, the maximum rating available under the General Formula for Diseases and Injuries of the Spine. The evidence does not support a higher rating as his range of motion did not meet the criteria for an increased rating.
- Remanded (sent back)
The Board has determined that there was a duty to assist error and remands the case for further development. The Veteran contends his allergic rhinitis began during service, but VA medical opinions have found no link between his current condition and service.
- Partly granted
The Veteran's appeal for an effective date prior to February 5, 2024, for a 10 percent evaluation of allergic rhinitis was denied. The Veteran also appealed for a higher rating for his allergic rhinitis and this was denied as well.,The Veteran's PTSD with TBI claim is remanded due to inadequate medical examinations.
- Denied
The Veteran's appeal for higher ratings for GERD and allergic rhinitis was denied. The Board found that the evidence did not support a rating in excess of 10 percent for GERD, as there is no documented history of recurrent esophageal stricture causing dysphagia requiring daily medications or dilatation more than once per year. For allergic rhinitis, the Veteran's symptoms were not severe enough to warrant a compensable rating due to lack of polyps and obstruction.
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