The Veteran's appeal for an initial compensable evaluation for hyposmia was dismissed. The Board denied service connection for a respiratory disorder, including rhinitis but excluding OSA, as well as service connection for a right ankle disability. Service connection for OSA was granted. An initial 10% rating for right knee strain with arthritis status post ACL repair based on limitation of flexion was granted.
The deciding factor: The Veteran did not have a current respiratory disorder other than his OSA, and the evidence does not support a finding that he has rhinitis or any other chronic disability involving the respiratory system. The Board found that the Veteran's assertion regarding current respiratory symptoms outweighed by the medical evidence of record.
- Claimed conditions
- rhinitis, OSA
- How they argued it
- Not specified
- Exposure basis
- Burn pits / airborne hazards
- Rating assigned
- 10%
- Decision date
- January 26, 2024
- Citation
- 24004067
Veterans Law Judge
Decisions by this judge: 2,050 · Granted: 23% (granted or partly granted, in the vetted 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. Look up the original decision on VA.gov (opens in a new tab) using citation 24004067.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Denied
The Veteran's rhinitis and gastric ulcer with hiatal hernia were evaluated, but the Board found that neither condition warranted a higher rating.,For rhinitis, the evidence did not show greater than 50 percent obstruction of both nasal passages or complete obstruction on one side. For gastric ulcer with hiatal hernia, symptoms were described as infrequent and mild.
- Granted
The Board has granted service connection for sinusitis and rhinitis on a direct basis, finding that the Veteran's current conditions are related to his active duty service, including exposure to environmental factors during Operation Desert Storm.
- Remanded (sent back)
The Board has decided to remand the Veteran's claims for service connection due to incomplete findings and failure to properly address the onset, cause, and nature of his conditions. The VA will need to schedule examinations to determine if his rhinitis and bilateral hand disabilities are related to service.
- Denied
The Board denied service connection for sinusitis and rhinitis as there is no evidence of these conditions during the appeal period.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.