The Board found that the grant of service connection for a nasal disorder was clearly and unmistakably erroneous due to evidence showing the condition existed prior to service entrance, not aggravated by service, and denied the appeal.
The deciding factor: VA's error in granting service connection based on an incorrect finding of pre-service existence and non-aggravation of the Veteran's pre-existing nasal disorder manifestly changed the outcome of the decision.
- Claimed conditions
- Nasal Disorder, Sinusitis, Deviated Nasal Septum
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 12, 2023
- Citation
- A23035470
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 A23035470.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's sinusitis is currently rated at a noncompensable evaluation. The Board has granted a 30 percent evaluation for sinusitis as of February 19, 2021, based on the number and duration of incapacitating episodes requiring antibiotic treatment.
- Dismissed
The Board dismissed the Veteran's appeals for higher disability ratings in excess of 20 percent for cervical spine and lumbar spine conditions, left knee condition, right knee condition, and sinusitis. The Veteran was granted service connection for chronic laryngeal papillomatosis.
- Dismissed
The Board dismissed the appeal because the appellant requested to withdraw their appeal.
- Denied
The Veteran's sinusitis was rated as noncompensable for the period prior to December 9, 2024. The Board found that the Veteran did not meet the criteria for a compensable rating based on the severity of his symptoms and lack of incapacitating episodes.
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