The Veteran's hearing loss and sleep apnea claims are denied as there is no evidence of current disabilities.,The Veteran's sleep apnea claim is denied as the preponderance of the evidence does not support a connection to service or asbestos exposure.,The Veteran's respiratory disorder (claimed as chronic bronchitis and decreased pulmonary function) and atrial fibrillation claims are remanded for further development, including obtaining medical records and scheduling examinations.,The Veteran's atrial fibrillation claim is remanded if mesothelioma due to asbestos exposure in service is diagnosed.
The deciding factor: There is no evidence of current hearing loss or sleep apnea disabilities as defined by VA regulations.,The preponderance of the evidence does not support a connection between the Veteran's sleep apnea and his military service, including exposure to asbestos.,The Veteran has reported symptoms of decreased pulmonary function but there are no records provided. Further development is needed to determine if he has a current respiratory disorder related to service or asbestos exposure, and whether his atrial fibrillation is proximately due to or aggravated by mesothelioma.,There is insufficient evidence to establish that the Veteran has mesothelioma as claimed.
- Claimed conditions
- Hearing loss, Sleep apnea, Respiratory disorder (claimed as chronic bronchitis and decreased pulmonary function), Atrial fibrillation
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 12, 2019
- Citation
- 19170785
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 19170785.
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 has remanded the Veteran's claims for sleep apnea and acquired psychiatric disorder (including PTSD) due to insufficient evidence of record. The Veteran is required to undergo VA examinations to determine if his conditions are related to service.
- Granted
The Veteran's service-connected disabilities, including bilateral pes planus with hammer toes, hallux valgus and degenerative arthritis, sleep apnea, bilateral hearing loss, tinnitus, and bilateral kidney cysts, rendered him unable to secure or follow gainful employment. The Board granted the TDIU based on these conditions.
- Remanded (sent back)
The Veteran's hearing loss and low back strain claims are remanded for further evaluation. The hearing loss claim is denied, while the low back strain claim requires additional examination to determine its severity.
- Dismissed
The Veteran withdrew the claims for psychiatric disability and sleep apnea.,Service connection was granted for right lower extremity radiculopathy and left lower extremity radiculopathy secondary to a service-connected back disability, but denied for right wrist disability.
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