The Veteran's claim for service connection for bilateral hearing loss is denied as he does not have a current disability. The maximum schedular rating of 10 percent for tinnitus has been assigned.,The Veteran's claims for service connection for respiratory condition and sleep apnea are remanded due to the need for additional medical opinions and evidence collection.,Service connection for a respiratory condition is denied as there is no current diagnosis, and the claim for sleep apnea is remanded for further evaluation.
The deciding factor: The Veteran does not have a current hearing loss disability for VA purposes. The maximum schedular rating of 10 percent has been assigned.,There are conflicting medical opinions regarding whether the Veteran has a respiratory condition and/or sleep apnea due to asbestos exposure in service. Further evaluation is needed.,There is no current diagnosis for a respiratory condition, and further evaluation is needed.
- Claimed conditions
- bilateral hearing loss, tinnitus, respiratory condition (claimed as a sleep disorder), sleep apnea
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 6, 2019
- Citation
- 19160634
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 19160634.
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.
- Remanded (sent back)
The Board remands the claim for service connection for tinnitus to correct a duty to assist error, as the Veteran's lay statements regarding onset and continuity of symptoms were not adequately considered in the previous decision.
- 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.
- 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 service connection for tinnitus, cubital tunnel syndrome, right plantar fasciitis, and a right knee disability due to the lack of evidence supporting a nexus between these conditions and the Veteran's military service.
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.