The Board has determined that the Veteran's claim for service connection for rhinitis must be readjudicated, as no new and relevant evidence has been submitted since the previous denial in November 2020. The remaining claims of service connection for intervertebral disc syndrome of the cervical spine with degenerative arthritis and spinal stenosis, left shoulder impingement syndrome, bilateral upper extremity radiculopathy, and obstructive sleep apnea (OSA) are remanded due to inadequate medical opinions.
The deciding factor: The Board found that no new and relevant evidence had been submitted for the rhinitis claim since its previous denial in November 2020. For the remaining claims, the Board determined that additional medical opinions were needed as the current examination reports did not adequately address the Veteran's lay statements regarding continuity of symptomatology.
- Claimed conditions
- rhinitis, intervertebral disc syndrome of the cervical spine with degenerative arthritis and spinal stenosis, left shoulder impingement syndrome, right upper extremity radiculopathy, left upper extremity radiculopathy, obstructive sleep apnea (OSA)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 19, 2024
- Citation
- A24075955
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 A24075955.
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.
- Granted
The Veteran's OSA is granted as service connected. The Veteran's infectious disease claim and stomach disability claim are remanded for further examination.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection due to errors in obtaining relevant medical records and authorization for private treatment providers. The issues include heart disorder, OSA, sinusitis, lumbar spine disorder, and right knee disorder all related to Agent Orange exposure.
- Remanded (sent back)
The Board has granted service connection for cervical spine degenerative arthritis. The claims for back pain and right upper extremity radiculopathy are remanded due to the need for additional medical examinations.
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