The Veteran's appeal of his increased rating for allergic rhinitis/sinusitis was dismissed. His petition to reopen a claim of service connection for obstructive sleep apnea was granted, and he is entitled to a 30% rating for migraines prior to February 4, 2015. The issue of service connection for sleep apnea is remanded.
The deciding factor: The Veteran withdrew his appeal for an increased rating for allergic rhinitis/sinusitis at the hearing. His petition to reopen a claim of service connection for obstructive sleep apnea was granted as new and material evidence had been submitted. The Board found that it is as likely as not that the Veteran's migraines meet the criteria for a 30% rating, but not higher.
- Claimed conditions
- Allergic rhinitis/sinusitis, Obstructive sleep apnea, Migraines
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- June 28, 2018
- Citation
- 18114841
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. Look up the original decision on VA.gov (opens in a new tab) using citation 18114841.
What this means for you
A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot. It says more about procedure than about whether a claim like this can win.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's initial evaluation for tension headaches to include migraines is granted, with a rating of 50 percent effective from May 23, 2023.
- Remanded (sent back)
The Board has remanded the claims for service connection due to a duty to assist error, specifically regarding whether the Veteran's current conditions are aggravated by his service-connected DDD of the lumbosacral spine. The AOJ is required to obtain new medical opinions addressing this issue.
- Remanded (sent back)
The Board has denied the Veteran's claims for initial compensable ratings for obstructive sleep apnea and headaches, finding that the evidence does not support a finding of persistent daytime hypersomnolence or other manifestations consistent with a compensable disability rating under the criteria established by Diagnostic Codes. The matter is remanded to obtain additional information from the Veteran regarding his headaches and their impact on his daily life.
- Remanded (sent back)
The Veteran's claim for a compensable disability rating for tension and migraine headaches is remanded due to the inadequacy of the September 2020 VA examination report, which did not consider the ameliorative effects of medication.
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