The Veteran's appeal for service connection for chronic sinusitis was dismissed as moot because the claim had already been fully granted with an effective date of October 18, 2021. The claims for GERD and IBS were remanded due to a duty to assist error in scheduling VA examinations. The bilateral hip, ankle, wrist, and shoulder disabilities were also remanded.
The deciding factor: The AOJ failed to reschedule the Veteran's VA examinations as requested, resulting in a pre-decisional duty to assist error.
- Claimed conditions
- chronic sinusitis, gastroesophageal reflux disease (GERD), irritable bowel syndrome (IBS), right hip trochanteric pain syndrome (right hip disability), left hip trochanteric pain syndrome (left hip disability), left ankle strain, right ankle strain, left wrist strain, right wrist strain, left shoulder strain, right shoulder strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 20, 2024
- Citation
- A24076970
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 A24076970.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Partly granted
The Board has not made a final determination on the claims of service connection for inguinal hernia, PTSD, joint pain, fibromyalgia, left knee disability, right knee disability, tinnitus, chronic fatigue syndrome, respiratory disability, sleep disorder, IBS, and headaches. The claims are remanded to obtain additional evidence and determine if these conditions are related to service.
- Denied
The Board denied service connection for various conditions, including right shoulder disability, abdominal hernia, GERD, bilateral ankle disabilities, and bilateral foot disabilities. The evidence did not support a finding that these conditions were incurred or aggravated during the appellant's period of active duty.
- Remanded (sent back)
The Board has remanded several service connection claims due to the need for additional medical records and examinations.,Service connection is denied for tinnitus.
- Denied
The Board has denied service connection for chronic rhinitis, chronic sinusitis, and chronic fatigue syndrome as there is no evidence of a current disability in the record.
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