The Veteran's left ear hearing loss is granted as service-connected, but his right ear hearing loss does not meet the criteria for VA compensation. The Board has also remanded issues related to his foot/ankle condition, sleep condition (REM behavior disorder and OSA), and acquired psychiatric disorder.,Service connection for the Veteran’s acquired psychiatric disorder remains pending due to its inextricability with the service connection claim for his foot/ankle condition.
The deciding factor: The Board has determined that additional development is needed to determine whether the Veteran was exposed to herbicide agent during active service, which may be relevant to his sleep condition.
- Claimed conditions
- Acquired Psychiatric Disorder (Mood Disorder, Adjustment Disorder with Anxiety and Depression), Left Ear Hearing Loss, Right Foot/Ankle Condition, Sleep Condition (REM Behavior Disorder and OSA)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 21, 2019
- Citation
- 19138951
Veterans Law Judge
Decisions by this judge: 2,249 · Granted: 37% (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 19138951.
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 the Veteran's claims of service connection for right ear hearing loss and a compensable rating for left ear hearing loss, finding that there was no evidence to support these claims based on in-service noise exposure or other theories.
- Granted
The Veteran was granted a TDIU with a September 19, 2024 effective date based on his PTSD, emphysema, and COPD symptoms. His diabetes, tinnitus, and left ear hearing loss were not found to prevent him from securing or following a substantially gainful occupation prior to March 19, 2024.
- Denied
The Veteran's service-connected disabilities did not prevent him from securing or following a substantially gainful occupation prior to August 31, 2020.
- Remanded (sent back)
The Veteran's claims for service connection and increased evaluations have been remanded due to the need for further evaluation. The effective dates for the grants of service connection are not being granted earlier than November 25, 2019.
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