The Veteran's service-connected obstructive sleep apnea is granted. The Veteran's maxillary/ethmoid sinusitis with left nasal deformity, status post rhinoplasty, is granted a maximum schedular rating of 50 percent. The Veteran's herniated nucleus pulposus of the lumbar spine L5-S1, status post lumbar laminotomy and diskectomy, with degenerative joint disease and invertebral disc syndrome, is denied any increase beyond the current 40 percent rating. The Veteran's radiculopathy of the right lower extremity is also denied any increase beyond the current 20 percent rating. The Veteran's contact dermatitis of the feet and HPV are both denied initial compensable ratings.
The deciding factor: The Veteran’s obstructive sleep apnea was found to be aggravated by his service-connected nasal and spinal disabilities, warranting a grant of service connection on an aggravation basis. His maxillary/ethmoid sinusitis with left nasal deformity is currently rated at the maximum schedular rating of 50 percent due to near constant symptoms including pain. The Veteran's herniated nucleus pulposus of the lumbar spine L5-S1, status post lumbar laminotomy and diskectomy, with degenerative joint disease and invertebral disc syndrome, does not meet criteria for a higher schedular rating as it did not result in unfavorable ankylosis or associated objective neurologic abnormalities. The Veteran's radiculopathy of the right lower extremity is rated at 20 percent due to moderate incomplete paralysis of the sciatic nerve.
- Claimed conditions
- Obstructive Sleep Apnea, Chronic maxillary/ethmoid sinusitis with left nasal deformity, status post rhinoplasty, Herniated nucleus pulposus of the lumbar spine L5-S1, status post lumbar laminotomy and diskectomy, Radiculopathy of the right lower extremity, Contact dermatitis of the feet, Human papilloma virus (HPV)
- How they argued it
- Aggravation of a pre-existing condition
- Exposure basis
- None
- Rating assigned
- 50%
- Decision date
- August 6, 2019
- Citation
- 19160503
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 19160503.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
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 various disabilities and denied higher ratings for several service-connected conditions.
- Granted
The Board granted service connection for obstructive sleep apnea as secondary to the Veteran's service-connected psychiatric disorders, lumbar and cervical spine disabilities, bilateral radiculopathy of the upper extremities, and bilateral radiculopathy and neuropathy of the lower extremities.
- Denied
The Board denied a rating in excess of 50 percent for PTSD, finding that the Veteran's symptoms more closely approximated those associated with a 50 percent rating.
- Partly granted
The appeal for entitlement to service connection for obstructive sleep apnea was granted, while other appeals were dismissed as untimely and remanded for further action on essential tremors.
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