The Veteran's claim for service connection for sleep apnea, claimed as secondary to his service-connected asthma, is being remanded.,The Veteran's appeal regarding a rating in excess of 10 percent for chronic maxillary sinusitis remains pending and will be addressed after the requested examination.,The Veteran's claim for a compensable rating for onychomycosis of bilateral feet is also pending and will be addressed after the requested examination.
The deciding factor: Further medical evaluation is needed to determine if the Veteran's sleep apnea is secondary to his service-connected asthma, as well as to assess the severity of his chronic maxillary sinusitis and onychomycosis.
- Claimed conditions
- Chronic maxillary sinusitis, Onychomycosis of bilateral feet, Sleep apnea (claimed as secondary to service-connected asthma)
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 28, 2023
- Citation
- 23054058
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 23054058.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's chronic maxillary sinusitis was previously rated at 50% effective September 5, 2019. The AOJ proposed reducing this rating due to clear and unmistakable error (CUE) in the July 2020 decision, which incorrectly applied the criteria for near constant sinusitis. The reduction from 50% to 0% was upheld as proper.
- Granted
The Veteran's service-connected chronic maxillary sinusitis is granted with a disability rating of 30 percent, effective from the period on appeal. The Veteran's allergic rhinitis remains at a noncompensable rating.
- Granted
The Veteran's TDIU claim was granted effective March 14, 2020. His maxillary sinusitis rating from October 1, 2012 to January 16, 2018 was increased to 50 percent and remains at that level. The Veteran's hemorrhoids were denied.
- Granted
The Veteran's initial claim for a compensable rating for chronic maxillary sinusitis has been granted. The Board found that the evidence was at least in equipoise as to whether a compensable rating is warranted, and thus awarded a 10% rating effective December 8, 2015. Service connection for bilateral pes planus remains pending due to remand.
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