The Board has remanded the claim for an increased rating for allergic rhinitis due to additional non-VA treatment records being added to the claims file before certification to the Board. The VA is also requested to obtain a VA opinion addressing which symptoms are attributable to the Veteran's service-connected conditions (allergic rhinitis, chronic bronchitis, and sinusitis) in order to avoid impermissible pyramiding.
The deciding factor: The Board found that additional non-VA treatment records were added to the claims file before certification to the Board and requested a VA opinion to differentiate symptoms attributable to service-connected conditions from those not related to them.
- Claimed conditions
- allergic rhinitis, chronic bronchitis, sinusitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 21, 2023
- Citation
- 23052148
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 23052148.
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.
- 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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