The Veteran's appeal for a higher rating on obstructive sleep apnea is dismissed. His right ear hearing loss is granted, and his lumbar spine disability is granted with a 20 percent rating prior to July 8, 2014, but denied thereafter. The cervical spine disability is denied. Other claims are remanded.
The deciding factor: The Veteran withdrew his appeal for the higher rating on obstructive sleep apnea during the June 2018 hearing. His right ear hearing loss was granted as it is presumed to be related to service exposure to noise. For the lumbar spine disability, the evidence shows symptoms prior to July 8, 2014, but no ankylosis or fixation of the spine after that date. The cervical spine disability does not meet the criteria for a higher rating.
- 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
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
- Granted
The Board granted an effective date of October 21, 2021, for the grant of service connection for hypertension.
- Remanded (sent back)
The Board remands the claim for service connection for an acquired psychiatric disorder to ensure a proper examination and etiology opinion are provided.
- Dismissed
The appeal for a compensable rating for left ear hearing loss, service connection for right ear hearing loss, and bilateral vision condition was dismissed. Service connection for hypertension, congestive heart failure, and coronary artery disease was denied.
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