The appeal for service connection for maxillary sinusitis was dismissed due to a violation of the prohibition on concurrent elections set out in 38 C.F.R. § 3.2500(b).
The deciding factor: The filing of a request for Board review while a Higher-Level Review was still pending violated the prohibition on concurrent elections.
- Claimed conditions
- maxillary sinusitis
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 31, 2024
- Citation
- A24070638
What this means for you
A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot. It says more about procedure than about whether a claim like this can win.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board granted an effective date of April 7, 2023 for service connection for maxillary sinusitis, allergic rhinitis, and left knee patella chondromalacia.
- Denied
The Board denied the veteran's claims for increased ratings and service connection, finding that the evidence did not support higher ratings or service connection for the claimed conditions.
- Partly granted
The Board granted service connection for a low back condition and denied initial compensable ratings for migraine, maxillary sinusitis, and irritable bowel syndrome.
- Remanded (sent back)
The Board remands the claim for a compensable evaluation of maxillary sinusitis to afford the Veteran an adequate VA medical examination, as required by Ingram v. Collins.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.