The Board denied the Veteran's claims for earlier effective dates for the awards of a 50 percent evaluation for recurrent sinusitis and a 10 percent evaluation for chronic rhinitis, as these evaluations were granted pursuant to a liberalizing law that went into effect on August 5, 2021.
The deciding factor: The Board found no valid freestanding claim for an earlier effective date because the Veteran's claims for service connection were first denied in June 2016 and the relevant liberalizing law became effective on August 5, 2021.
- Claimed conditions
- Recurrent Sinusitis, Chronic Rhinitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 5, 2024
- Citation
- A24072104
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Partly granted
The Board denied an initial rating in excess of 30 percent for service-connected obstructive sleep apnea and granted service connection for lumbar discogenic pain with right radiculopathy, left thumb injury residuals, bilateral hand tremors, chronic rhinitis (presumptively), and chronic sinusitis.,The Veteran's lumbar discogenic pain with right radiculopathy is related to an in-service injury, event, or disease.
- Denied
The Board denied the veteran's claims for increased ratings and service connection, as well as remanded certain issues for further development.
- Granted
The Board granted an effective date of July 11, 2023, for the grant of service connection for PTSD, migraines, a bilateral shoulder disability, a low back disability, and bilateral knee disability.
- Partly granted
The Board granted the direct payment of attorney fees for service connection and increased evaluation of OSA with asthma, but denied it for other conditions.
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