The Board remands the claims for service connection for left leg pain, right leg pain, sinus condition, and allergic rhinitis to correct a duty-to-assist error.
The deciding factor: A VA examination and nexus opinion are warranted due to the Veteran's competent reports of experienced symptoms during and following service, as well as the low threshold under McLendon v. Nicholson for such an examination.
- Claimed conditions
- left leg pain, right leg pain, sinus condition, allergic rhinitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 17, 2024
- Citation
- A24066714
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 Board denied increased ratings for the Veteran's lumbar spine pain, allergic rhinitis, and recurrent yeast infections. The claims for service connection for generalized anxiety disorder with alcohol use disorder and left knee pain were remanded.
- Remanded (sent back)
The Board remands the claim for a new examination to determine the severity of the Veteran's allergic rhinitis, including whether there is any nasal obstruction or polyps.
- Denied
The Board denied service connection for a deviated septum and denied compensable ratings for allergic rhinitis, chronic sinusitis, hypothyroidism, and hypertension.
- Partly granted
The Board granted readjudication of the claims for service connection for right and left knee disabilities and right and left leg pain based on new evidence, but remanded the claims for further development.
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