The Veteran's claim for bilateral hearing loss has been reopened, but service connection remains denied.,Service connection is denied for left shoulder arthritis and leg pain as these conditions are not related to active duty service or a service-connected disability.,Service connection for sleep apnea is denied as there is no current diagnosis of the condition.,Diabetes mellitus, type II, was not incurred in or aggravated by active military service. Service connection is also denied.,Headaches and PTSD are not etiologically related to the Veteran’s active duty service.,Service connection for depression has been granted with staged initial ratings from October 2, 2013.
The deciding factor: The evidence does not establish a direct link between the claimed conditions and active military service or a service-connected disability.
- Claimed conditions
- bilateral hearing loss, left shoulder arthritis, leg pain, sleep apnea, diabetes mellitus, type II, headaches, posttraumatic stress disorder (PTSD)
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 4, 2019
- Citation
- 19142778
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.
- Partly granted
The Veteran was granted a 70 percent initial disability rating for PTSD effective December 2, 2021, but the claim for an increased rating in excess of 70 percent was denied. The appeal also included claims for service connection and ratings for various conditions, some of which were granted while others were remanded.
- 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 the Veteran's claim for service connection for sleep apnea as there is no evidence of an in-service injury or disease, and no competent evidence linking the condition to service.
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