The Veteran's claim for service connection for a left ear hearing loss disability is denied as there is no current diagnosis of the condition.,The Veteran's claim for an initial evaluation in excess of 10 percent for service-connected tinnitus is denied as the maximum schedular evaluation has been assigned.
The deciding factor: The evidence does not meet the criteria for a current diagnosis of left ear hearing loss disability meeting the requirements of 38 C.F.R. § 3.385.,The Veteran's bilateral tinnitus is already rated at the maximum schedular evaluation under Diagnostic Code 6260.
- Claimed conditions
- Left ear hearing loss disability, Unspecified depressive disorder, Chronic fatigue syndrome, Diffuse joint and muscle pain (claimed as chronic pain syndrome), Obstructive sleep apnea, Neurological disability (claimed as multiple sclerosis), Respiratory disability (claimed as sarcoidosis)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 3, 2018
- Citation
- 18115921
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 18115921.
What this means for you
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What you can do next
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- 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.
- Granted
The Board has granted the Veteran's claim for service connection of obstructive sleep apnea as secondary to his service-connected residuals of left foot 5th metatarsal fracture.
- Granted
The Veteran's claim for an earlier effective date for service connection of obstructive sleep apnea has been granted, with the effective date set at June 25, 2019.
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