The Veteran's appeal for a higher rating on obstructive sleep apnea is dismissed. His right ear hearing loss is granted, but his lumbar spine and cervical spine conditions are partially granted with restrictions. Other claims remain pending.
The deciding factor: The Veteran withdrew his claim for a higher rating on obstructive sleep apnea during the June 2018 hearing. The Board found that service connection was established for right ear hearing loss due to noise exposure in service, but denied higher ratings based on the severity of his lumbar and cervical spine conditions.
- Claimed conditions
- obstructive sleep apnea, right ear hearing loss, lumbar spondylosis and degenerative disc disease (DDD), cervical degenerative joint disease (DJD), disc protrusion and uncovertebral hypertrophy, and arthroplasty, left achilles tendonitis, trachea fracture/compression, left foot plantar fasciitis, bilateral hamstring strain/tear, left ear hearing loss, hypertension, acquired psychiatric disorder (PTSD, depression, and bipolar disorder), balanitis xerotica obliterans
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 29, 2019
- Citation
- 19106570
Veterans Law Judge
Decisions by this judge: 2,569 · Granted: 26% (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 19106570.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 remanded the claims for service connection for hypertension and peripheral neuropathy of the bilateral upper and lower extremities due to insufficient medical opinions regarding their etiology.
- Denied
The Board denied the Veteran's claim for service connection for obstructive sleep apnea, finding that there is no competent evidence to support a finding that his current condition began in or as a result of service.
- Denied
The Board of Veterans' Appeals (BVA) has denied the Veteran's claim for service connection for obstructive sleep apnea as there is no current diagnosis of this condition during the appeal period.
- Remanded (sent back)
The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional development, including VA examinations.
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