Tinnitus is granted as service-connected.,Traumatic brain injury is denied as not service-connected.,Right knee disability evaluation in excess of 10 percent is remanded for further examination and opinion.,Left knee disability evaluation in excess of 10 percent is remanded for further examination and opinion.,Right shoulder condition is remanded for further examination and opinion regarding etiology.,Left elbow condition is remanded for further examination and opinion regarding etiology.,Bilateral hearing loss is remanded for further examination and opinion regarding etiology.,Cervical spine condition is remanded for further examination and opinion regarding etiology.,Obstructive sleep apnea is granted as service-connected.
The deciding factor: Tinnitus was conceded due to in-service noise exposure, and the current disability of tinnitus can be established through lay observation. The Veteran's reported symptoms are consistent with his military service, thus meeting the criteria for service connection.,The preponderance of evidence does not support a diagnosis of traumatic brain injury at any time during the appeal period or proximate thereto. Therefore, service connection cannot be granted.,Right knee and left knee disabilities require further examination to determine range of motion and functional impairment due to pain and other symptoms.,Right shoulder and left elbow conditions are remanded for a new VA examination to assess their etiology and whether they are related to the Veteran's service-connected lumbar spine disability or any other condition.,Bilateral hearing loss requires a new VA examination to determine its current severity and etiology, including whether it is due to noise exposure during service.,Cervical spine condition requires a new VA examination to assess whether it is aggravated by the Veteran's service-connected lumbar spine disability. The examiner should also consider whether there are any other conditions that may be contributing to the cervical spine condition.,Obstructive sleep apnea was granted as service-connected based on the Veteran's reported symptoms and medical history.
- Claimed conditions
- bilateral hearing loss, cervical spine condition, left elbow condition, left knee condition, obstructive sleep apnea, right knee condition, right shoulder condition, tinnitus, traumatic brain injury
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 21, 2019
- Citation
- 19139700
Veterans Law Judge
Decisions by this judge: 2,088 · Granted: 33% (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 19139700.
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.
- Dismissed
The Veteran's appeal for service connection of bilateral hearing loss and a ruptured right ear drum was dismissed due to the death of the Veteran.
- Denied
The Board found that the Veteran's bilateral hearing loss was noted upon entry into active duty service and did not increase in severity during service. Therefore, it denied his claim for service connection.
- Remanded (sent back)
The Board has remanded the claims for service connection for hearing loss, tinnitus, and an acquired psychiatric disorder due to incomplete medical records and need for further examination.
- Denied
The Board denied the Veteran's claims for service connection for tinnitus, arthritis, and memory loss. The decision found no evidence linking these conditions to his military service.
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