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
Veterans Law Judge
Decisions by this judge: 2,592 · Granted: 19% (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 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.
- 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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