The Veteran's tinnitus and sleep apnea were not incurred or aggravated during service. The right ear hearing loss disability was not shown to be related to service, while the left ear hearing loss disability is currently manifested.,Service connection for diabetes mellitus, a right foot disability, a left foot disability, a left eye disability, and hypertension are remanded due to insufficient evidence.
The deciding factor: The VA examiner found no evidence of noise exposure-related hearing impairment during service and the Veteran's current tinnitus and sleep apnea were not related to service.,There is insufficient evidence linking the Veteran’s current disabilities to his service, including lack of in-service diagnosis or treatment for these conditions.
- Claimed conditions
- tinnitus, sleep apnea, right ear hearing loss disability, left ear hearing loss disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 23, 2019
- Citation
- 19131368
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 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.
- 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).
- Denied
The Board denied service connection for tinnitus, cubital tunnel syndrome, right plantar fasciitis, and a right knee disability due to the lack of evidence supporting a nexus between these conditions and the Veteran's military service.
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