Service connection for sleep apnea, bilateral hearing loss, and tinnitus is denied.,An initial rating of 70 percent for PTSD is granted. Separate ratings for the right knee are remanded.,Right knee meniscal disorder and instability prior to January 17, 2017, are at least in equipoise with service connection.
The deciding factor: The weight of the competent and probative evidence does not support a diagnosis of sleep apnea or bilateral hearing loss for VA compensation purposes. The Veteran's PTSD symptoms do not meet the criteria for a higher rating.,Service connection is denied as there is no diagnosed disability related to service, with the exception of PTSD which results in occupational and social impairment.
- Claimed conditions
- sleep apnea, bilateral hearing loss, tinnitus, posttraumatic stress disorder (PTSD), right knee meniscal disorder, instability of the right knee
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 70%
- Decision date
- January 17, 2019
- Citation
- 19104313
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied service connection for various conditions, including prostate cancer and related disabilities, urinary incontinence, sleep apnea, hypertension, varicose veins, lumbar spine disability, hip arthritis, shoulder arthritis, ankle arthritis, knee strain, knee replacement, and hand arthritis. The only condition granted was a 10 percent rating for a fracture of the right proximal first metacarpal.
- Partly granted
The Veteran was granted a 70 percent initial disability rating for PTSD effective December 2, 2021, but the claim for an increased rating in excess of 70 percent was denied. The appeal also included claims for service connection and ratings for various conditions, some of which were granted while others were remanded.
- Remanded (sent back)
The Board remands the claim for service connection for tinnitus to correct a duty to assist error, as the Veteran's lay statements regarding onset and continuity of symptoms were not adequately considered in the previous decision.
- Dismissed
The Veteran withdrew the appeals for service connection for bilateral pes planus, obstructive sleep apnea, bilateral hearing loss, tinnitus, and chronic obstructive pulmonary disease (COPD).
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.