The appeal for service connection for sleep apnea is dismissed. The Veteran's maxillary and ethmoid sinusitis are granted a 30% rating, but allergic rhinitis remains denied.
The deciding factor: The Veteran had more than six non-incapacitating episodes of sinusitis characterized by headaches, pain, and purulent discharge or crusting in the past year, which meets the criteria for a 30% rating under Diagnostic Code 6513. The evidence did not show any radical surgery with chronic osteomyelitis or near constant sinusitis requiring prolonged antibiotic treatment.
- Claimed conditions
- Obstructive sleep apnea, Maxillary and ethmoid sinusitis, Allergic rhinitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- May 6, 2024
- Citation
- A24023400
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 A24023400.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Remanded (sent back)
The Board has determined that there was a duty to assist error and remands the case for further development. The Veteran contends his allergic rhinitis began during service, but VA medical opinions have found no link between his current condition and service.
- 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.
- Partly granted
The Veteran's appeal for an effective date prior to February 5, 2024, for a 10 percent evaluation of allergic rhinitis was denied. The Veteran also appealed for a higher rating for his allergic rhinitis and this was denied as well.,The Veteran's PTSD with TBI claim is remanded due to inadequate medical examinations.
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