The Board remands the claim for service connection for sinusitis due to a pre-decisional duty to assist error, requiring a VA toxic exposure risk activity (TERA) examination and medical opinion.
The deciding factor: The AOJ failed in its statutory duty to assist by not providing a TERA examination prior to making a decision on the claim, necessitating a remand for this purpose.
- Claimed conditions
- Sinusitis
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Gulf War
- Rating assigned
- None in this decision
- Decision date
- May 20, 2025
- Citation
- A25045010
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 Board denied service connection for asbestosis, bronchitis, chronic obstructive pulmonary disease (COPD), rhinitis, sinusitis, and asthma. The Veteran's bilateral hearing loss was also denied a compensable rating.
- Denied
The Board denied service connection for bilateral hearing loss, tinnitus, a low back disability, residuals of a right foot injury, sinusitis, shortness of breath, allergic rhinitis, and sleep apnea as there was no evidence to support a link between these conditions and the Veteran's military service.
- Partly granted
The Board denied increased ratings for bilateral hearing loss, right inguinal hernia, non allergic rhinitis, sinusitis, and irritable bowel syndrome (IBS), while granting service connection for left knee strain and left leg shin splints.
- Partly granted
The Board denied service connection for bilateral hearing loss and a disability rating in excess of 10 percent for the right ankle disability, but remanded claims for service connection for sinusitis and back disability.
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