The Board has determined that new and material evidence has been received to reopen the Veteran's claim for service connection for a sleep condition. The issue of entitlement to service connection for tinnitus is granted. The issues of entitlement to service connection for obstructive sleep apnea, increased rating for gall bladder removal residuals, and referral for compensation for hearing loss are remanded.
The deciding factor: The evidence received since the October 2003 RO decision includes a January 2009 VA sleep study report showing mild obstructive sleep apnea. The Board finds that this medical opinion is inadequate for rating purposes due to its speculative nature and lack of consideration of the Veteran's competent statements regarding experiencing tinnitus in service and since service.
- Claimed conditions
- Obstructive Sleep Apnea, Gall Bladder Removal
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 5, 2019
- Citation
- 19115739
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 19115739.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
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 disabilities and denied higher ratings for several service-connected conditions.
- Granted
The Board granted service connection for obstructive sleep apnea as secondary to the Veteran's service-connected psychiatric disorders, lumbar and cervical spine disabilities, bilateral radiculopathy of the upper extremities, and bilateral radiculopathy and neuropathy of the lower extremities.
- Denied
The Board denied a rating in excess of 50 percent for PTSD, finding that the Veteran's symptoms more closely approximated those associated with a 50 percent rating.
- Partly granted
The appeal for entitlement to service connection for obstructive sleep apnea was granted, while other appeals were dismissed as untimely and remanded for further action on essential tremors.
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.