The Veteran's sinusitis is rated at 10 percent, which does not meet the criteria for a higher rating.,The Veteran's asthma prior to February 10, 2020, is rated at 30 percent, which also does not meet the criteria for a higher rating.,The Veteran's obstructive sleep apnea with asthma since February 10, 2020, is rated at 50 percent, and no higher ratings are warranted.
The deciding factor: The evidence did not show three or more incapacitating episodes per year of sinusitis requiring prolonged antibiotic treatment, or six non-incapacitating episodes per year of sinusitis characterized by headaches, pain, and purulent discharge or crusting.,The evidence did not show an FEV-1 of 40 to 55 percent predicted, or FEV-1/FVC of 40 to 55 percent, or at least monthly visits to a physician for required care of exacerbations, or intermittent (at least 3 times per year) course of systemic (oral or parenteral) corticosteroids.,The evidence did not show chronic respiratory failure with carbon dioxide retention or cor pulmonale, nor did it require a tracheostomy.
- Claimed conditions
- sinusitis, asthma, obstructive sleep apnea
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 6, 2023
- Citation
- 23043496
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 23043496.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
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The Board denied the Veteran's claim for service connection for obstructive sleep apnea, finding that there is no competent evidence to support a finding that his current condition began in or as a result of service.
- Denied
The Board of Veterans' Appeals (BVA) has denied the Veteran's claim for service connection for obstructive sleep apnea as there is no current diagnosis of this condition during the appeal period.
- Denied
The Board denied the Veteran's claims for service connection for obstructive sleep apnea, peripheral neuropathy of the bilateral upper extremities, and peripheral neuropathy of the bilateral lower extremities, finding that there was no evidence linking these conditions to his active service or any related exposure.
- Denied
The Veteran's respiratory disability, including asthma and COPD, is denied as service connection is not warranted due to the condition being solely attributed to smoking.
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