The appeal for an earlier effective date for the award of service connection for allergic rhinitis and sinusitis was dismissed as untimely, while the appeal for an earlier effective date for the right knee disability was denied.

The deciding factor: The NODs were filed outside the one-year period required by law, thus they are untimely. For the right knee claim, no prior claims existed within a year of the final decision, so the earliest possible effective date is November 14, 2022.

Claimed conditions

allergic rhinitis, sinusitis, right knee, status post patellofemoral arthroplasty with shin splints

How they argued it

Direct service connection

Exposure basis

None

Rating assigned

None in this decision

Decision date

February 25, 2025

Citation

A25016528

Want to see how appeals like this one tend to go? Appeals like mine