The appeal for service connection of a pulmonary disorder (claimed as asbestos exposure) is dismissed. The initial compensable rating for bilateral hearing loss is denied for the period prior to April 28, 2017. The claim for service connection of sleep apnea and an acquired psychiatric disorder is remanded.
The deciding factor: The Veteran withdrew his appeal for a pulmonary disorder (claimed as asbestos exposure) during a hearing before the Board. For bilateral hearing loss, the average puretone thresholds were within normal limits prior to April 28, 2017. The claim for sleep apnea and an acquired psychiatric disorder is remanded due to insufficient evidence.
- Claimed conditions
- Pulmonary Disorder (claimed as asbestos exposure), Bilateral Hearing Loss, Sleep Apnea, Acquired Psychiatric Disorder (including memory loss, anxiety, depression, and insomnia)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 14, 2018
- Citation
- 18135021
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 18135021.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Granted
The Veteran's bilateral hearing loss is granted as service-connected. The claims for alcohol abuse and psychiatric disorder are remanded for additional development, including a VA examination to determine the nature and etiology of these conditions.
- Remanded (sent back)
The Board has decided to remand the case due to a need for a new VA examination to assess the current severity of the Veteran's bilateral hearing loss. The issue remains under direct service connection theory.
- Denied
The Board denied service connection for sleep apnea, finding that the evidence did not support a link between the condition and service.
- Denied
The Veteran's hearing loss was rated at 30 percent, the highest non-compensable rating available. The Board found that his hearing loss did not warrant a higher rating based on VA examinations and medical records.
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