The veteran's sleep apnea is currently rated at 50 percent, which is the maximum schedular rating available. His allergic rhinitis with sinusitis does not meet the criteria for a compensable evaluation.
The deciding factor: The evidence shows that the veteran uses a CPAP machine to manage his sleep apnea and has no respiratory failure or cor pulmonale requiring tracheostomy, thus preventing him from receiving a higher rating. For allergic rhinitis with sinusitis, the examination findings do not meet the criteria for a 10 percent evaluation as there is no significant obstruction of nasal passages.
- Claimed conditions
- Allergic Rhinitis with Sinusitis, Sleep Apnea
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- October 23, 2006
- Citation
- 0632816
Veterans Law Judge
Decisions by this judge: 1,643 · Granted: 15% (granted or partly granted, in the indexed decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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. Search VA.gov for the original decision (opens in a new tab) using citation 0632816.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Denied
The Board denied service connection for sleep apnea, finding that the evidence did not support a link between the condition and service.
- Whole decision: Denied
The claims for PTSD, an acquired psychiatric disorder, memory loss/memory problems, chronic fatigue, sleep difficulties/sleep disturbances, and sleep apnea have been denied. The claim for service connection for residuals of testicular denervation and varicosectomy has been granted.
- Whole decision: Partly granted
The Veteran's asthma is currently rated at 30 percent, and the Board finds that a higher rating is not warranted.,The Veteran's sleep apnea claim has been remanded due to duty-to-assist errors.
- Whole decision: Denied
The Veteran's appeal for increased ratings and service connection claims have been denied. The Board found that the evidence did not support a higher rating for PTSD, denied service connection for CFS, mast cell activation syndrome, and sleep apnea as secondary to PTSD, and remanded TDIU.
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