The Veteran's appeal for a rating in excess of 10 percent for tinnitus is denied.,The appeal concerning service connection for headaches has been dismissed as moot because the benefit sought has already been granted.,The Veteran’s claim for service connection for sleep apnea, to include as secondary to PTSD with depression, is remanded. The examiner should determine if it is at least as likely as not that the Veteran's sleep apnea was caused or related to his active duty service and whether it is at least as likely as not that the Veteran’s sleep apnea is caused or aggravated by his service-connected PTSD with depression.,The Veteran’s claim for a rating in excess of 50 percent for PTSD with depression is remanded. The matter of TDIU (total disability rating based on individual unemployability due to service-connected disability) is also remanded as it is inextricably intertwined with the increased rating claim.,The Veteran's appeal for a total disability rating based on individual unemployability due to service-connected disability is remanded.
The deciding factor: The criteria for a higher rating for tinnitus have not been met, given that the current 10 percent rating is the maximum allowed under VA regulations.,The Veteran's claim of service connection for headaches has already been granted and there is no remaining case or controversy pertaining to this issue.,The examiner should determine if it is at least as likely as not that the Veteran’s sleep apnea was caused by his active duty service, and whether it is at least as likely as not that the Veteran's sleep apnea is aggravated by his PTSD with depression.,VA regulations allow for staged ratings based on the facts found. The 100 percent rating for PTSD has been granted but not yet effective from June 12, 2012, and thus a partial grant of benefits remains pending. A TDIU claim is also inextricably intertwined with this increased rating claim.,The Veteran's unemployment due to his service-connected disabilities raises the question of whether he is unemployable (TDIU).
- Claimed conditions
- tinnitus, headaches, sleep apnea, PTSD with depression
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 24, 2019
- Citation
- 19174350
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 19174350.
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 has determined that the Veteran's headaches are at least as likely as not caused by his service-connected traumatic brain injury, and thus grants service connection for this condition.
- 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.
- Granted
The Veteran's tinnitus is granted as service connected. The issues of foot disability and cardiovascular disorder are remanded for additional development.
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