The Board has remanded the case due to incomplete records and insufficient evidence regarding the Veteran's respiratory disability. The hearing loss and tinnitus claims are denied as there is no probative evidence linking these conditions to service.
The deciding factor: There is no probative evidence linking the current hearing loss or tinnitus disabilities to service, with the exception of a 1987 audiogram that showed significant hearing loss but was completed more than a decade after service ended.
- Claimed conditions
- Right ear hearing loss disability, Left ear hearing loss disability, Right ear tinnitus, Left ear tinnitus, Respiratory disability, to include obstructive sleep apnea (OSA)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 14, 2019
- Citation
- 19146576
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 claim for a compensable rating for right ear hearing loss disability due to unreliable and inconsistent responses during audiometric testing.
- Partly granted
The Board denied the claims for an initial compensable rating for left ear sensorineural hearing loss, service connection for a right ear hearing loss disability, and a left eye disorder. However, it granted service connection for a back disability and radiculopathy of both lower extremities as secondary to the back disability.
- Dismissed
The appeals for service connection and TDIU were dismissed due to the Veteran's death during the pendency of the appeal.
- Partly granted
The appeal was withdrawn and dismissed for hearing loss, a headache disability, joint pain, memory loss, and fatigue. Tinnitus was granted due to service connection. Other issues were remanded.
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