The Veteran's claim for service connection for a respiratory disability other than bronchiectasis, to include sinusitis and rhinitis, is remanded due to inadequate pre-decisional duty-to-assist errors. A new VA examination is required.
The deciding factor: The April 2020 VA Medical Opinion was found to be inadequate as it misstated the record regarding post-service diagnosis of sinusitis and did not address the Veteran's report of ongoing sinus issues since active duty.
- Claimed conditions
- sinusitis, rhinitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 3, 2024
- Citation
- A24035976
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 A24035976.
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 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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