The Veteran's bilateral hearing loss is rated as Level I in the right ear and Level II in the left ear, resulting in a non-compensable rating.,The Veteran's asthma results in FEV-1 of 56 to 70 percent predicted or daily inhalational or oral bronchodilator therapy. The current rating for asthma is 30 percent.,Service connection for sleep apnea is remanded due to a lack of a VA examination.
The deciding factor: The Veteran's hearing loss does not meet the criteria for a compensable rating as it falls within Level I and Level II, respectively. The current rating reflects this level of impairment.,The Veteran's asthma meets the criteria for a 30 percent rating based on FEV-1/FVC percentages and daily inhalational or oral bronchodilator therapy. A higher rating is not warranted due to lack of monthly physician visits or systemic corticosteroid use.,Service connection for sleep apnea requires an examination to determine its etiology, as the Veteran has provided a history of using CPAP and stated that his sleep apnea may be related to his service-connected asthma.
- Claimed conditions
- Bilateral Hearing Loss, Asthma
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 27, 2019
- Citation
- 19150222
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.
- Granted
The Board granted service connection for bilateral hearing loss and tinnitus, finding that the Veteran's conditions are related to in-service noise exposure.
- Denied
The Board denied the veteran's claims for a compensable rating for bilateral hearing loss, an initial rating in excess of 50 percent for PTSD, entitlement to TDIU, and SMC based on housebound status.
- Denied
The Board denied service connection for asbestosis, bronchitis, chronic obstructive pulmonary disease (COPD), rhinitis, sinusitis, and asthma. The Veteran's bilateral hearing loss was also denied a compensable rating.
- Denied
The Board denied service connection for various disabilities and denied higher ratings for several service-connected conditions.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.