Case A26038421

FREDERIC P. GALLUN · 2026 · Case ID: A26038421

DENIED

Summary

The veteran, who served from January 2007 to June 2007, appeals the denial of an earlier effective date for service connection for chronic sinusitis, allergic rhinitis, and asthma. The veteran originally filed a claim for a nasal fracture in June 2010 and was granted service connection for this condition with a noncompensable rating in May 2011. At that time, a VA examiner noted allergic rhinitis and asthma but did not associate them with the nasal fracture. The veteran did not appeal the 2011 decision or claim these conditions as secondary to the nasal fracture. The veteran filed a new claim for sinusitis, allergic rhinitis, and asthma in January 2023. The Board found that the effective date for these claims is the date of the January 2023 intent to file, as the veteran did not appeal the prior decision, did not claim these conditions in 2010, and there is no evidence of a pending or unadjudicated claim prior to the current effective date. The Board denied the appeal for an earlier effective date for these conditions.

Rationale

No evidence of pending or unadjudicated claim prior to January 2023; Claim not raised in original 2010 claim; Prior decision not appealed

Special Benefit

NO SPECIAL BENEFIT

Docket No.

260107-621839

Full Decision Text

Citation Nr: A26038421
Decision Date: 04/24/26 Archive Date: 04/24/26

DOCKET NO. 260107-621839
DATE: April 24, 2026

ORDER

Entitlement to an effective date prior to January 28, 2023, for service connection for chronic sinusitis is denied.

Entitlement to an effective date prior to January 28, 2023, for service connection for allergic rhinitis is denied.

Entitlement to an effective date prior to January 28, 2023, for service connection for asthma is denied.

FINDING OF FACT

There is no evidence of a pending or unadjudicated claim for chronic sinusitis, allergic rhinitis, or asthma prior to January 28, 2023.

CONCLUSIONS OF LAW

1. The criteria for an effective date earlier than January 28, 2023, for the award of service connection for chronic sinusitis have not been met. 38 U.S.C. § 5110; 38 C.F.R. § 3.400.

2. The criteria for an effective date earlier than January 28, 2023, for the award of service connection for allergic rhinitis have not been met. 38 U.S.C. § 5110; 38 C.F.R. § 3.400.

3. The criteria for an effective date earlier than January 28, 2023, for the award of service connection for asthma have not been met. 38 U.S.C. § 5110; 38 C.F.R. § 3.400.

REASONS AND BASES FOR FINDING AND CONCLUSIONS

The Veteran served on active duty from January 2007 to June 2007. The Board recognizes the Veteran's service to our country, and the sacrifices it necessarily entailed.

This matter comes before the Board of Veterans' Appeals (Board) from a January 2025 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO).

In the January 2026 VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement), the Veteran elected the Direct Review docket.

Therefore, the Board may only consider the evidence of record at the time of the January 2025 agency of original jurisdiction (AOJ) decision on appeal. 38 C.F.R. § 20.301. Any evidence submitted after the AOJ decision on appeal cannot be considered by the Board. 38 C.F.R. §§ 20.300, 20.301, 20.801.

If the Veteran would like VA to consider any evidence that was submitted that the Board could not consider, the Veteran may file a Supplemental Claim (VA Form 20-0995) and submit or identify this evidence. 38 C.F.R. § 3.2501. If the evidence is new and relevant, VA will issue another decision on the claims, considering the new evidence in addition to the evidence previously considered. Id. Specific instructions for filing a Supplemental Claim are included with this decision.

Generally, the effective date for a grant of service connection is the day after separation from service or the date entitlement arose, if a claim is received within one year of separation from service; otherwise, the date of receipt of claim, or the date entitlement arose, whichever is later. 38 U.S.C. § 5110(b)(1); 38 C.F.R. § 3.400(b)(2)(i). However, if the award of compensation is due to the correction, change or modification of a military record, or of a discharge or dismissal by a Board established under 10 U.S.C. § 1552 or § 1553, or because of other corrective action by competent military naval, or air authority, the award will be effective the date the application was filed for change, correction, or modification with the service department, in either an original or a disallowed claim, the date of receipt of the claim if the claim was disallowed, or one year prior to the date of reopening of disallowed claim, whichever is latest. See 38 C.F.R. § 3.400(g).

The Veteran originally filed his claim for service connection for residuals of a nasal fracture in June 2010. He underwent a VA examination in May 2011, where the examiner noted that the Veteran suffered from allergic rhinitis and asthma. See VA Examination, May 2011. However, the examiner failed to associate these conditions directly with the Veteran's nasal fracture. The Veteran did not claim that these conditions were related to his nasal fracture at the time of this claim.

The Veteran was granted
date of receipt of the claim if the claim was disallowed, or one year prior to the date of reopening of disallowed claim, whichever is latest. See 38 C.F.R. § 3.400(g).

The Veteran was granted service connection for his nasal fracture in a May 2011 rating decision and he was assessed a noncompensable rating. See Rating Decision - Narrative, May 2011. The Veteran did not appeal this decision or file a claim for secondary service connection for any claims potentially associated with his nasal fracture.

The Veteran did not file a claim for any new conditions, including his sinusitis, allergic rhinitis, and asthma, until January 2023. See Intent to File Letter, January 2023.

While the Board is sympathetic to the Veteran's claims, the effective date for the award of service connection is the date of receipt of his January 2023 intent to file a claim form. The Veteran did not appeal his prior decision and there is no evidence that the Veteran was not properly notified of this prior decision. The Veteran did claim that these conditions were associated with his nasal fracture at the time of his June 2010 claim. The Veteran did not file a claim for these conditions as secondary to his nasal fracture until 2023, approximately 12 years later. Accordingly, the Board finds the proper effective date is January 28, 2023, the currently assigned effective date. There is no legal basis for an earlier effective date as the Veteran did not appeal his prior denial, he did not claim these conditions at the time of his 2010 claim, and there is no evidence of a pending or unadjudicated claim prior to the current effective date.

Frederic P. Gallun

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board M.H., Counsel

The Board's decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.

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