The Board remands the matter to correct an error in satisfying a regulatory or statutory duty regarding the effective date for the grant of service connection for sinusitis based on CUE in a February 2009 rating decision.
The deciding factor: The AOJ failed to address the Veteran's arguments regarding CUE, which is necessary under the Appeals Modernization Act framework.
- Claimed conditions
- sinusitis
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 13, 2025
- Citation
- A25023747
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.
- Partly granted
The Board granted service connection for asthma and remanded claims for insomnia and sleep apnea. Other conditions were denied.
- Denied
The Board denied service connection for multiple conditions, including bilateral hearing loss and various musculoskeletal issues, as well as an initial rating in excess of 0 percent for rhinitis. However, the Board granted a 70 percent rating for posttraumatic stress disorder (PTSD).
- Partly granted
The Board granted higher ratings for the Veteran's service-connected carpal tunnel syndrome and cubital tunnel syndrome of both upper extremities, but remanded claims for service connection for sinusitis, calcified lymph nodes on the lungs, and cervical strain.
- Denied
The Board denied service connection for various conditions, including sinusitis, elbows condition, cervical condition, erectile dysfunction, kidney condition, sleep apnea, wrists condition, asthma, shoulders condition, ankles condition, eye condition (bilateral dry macular degeneration), peripheral vascular disease (heart condition), and rhinitis.
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