The Veteran's claim for service connection for bilateral hearing loss was denied in August 2009 and is not being reopened.,The Veteran's claims of service connection for hypogonadism and sleep apnea have been reopened due to the submission of new evidence. The issue of service connection for TBI remains remanded.,The Veteran's claim for a rating in excess of 50 percent for PTSD is also being remanded, as well as his claim for TDIU.
The deciding factor: New and material evidence has not been received to reopen the issue of service connection for bilateral hearing loss. The Veteran did not submit new and material evidence within one year of the August 2009 denial.,The submitted evidence relates to unestablished facts necessary to substantiate the claims, including an alternative theory of entitlement related to exposure in service and a link between PTSD and sleep apnea.,New and material evidence has been received for the issues of service connection for hypogonadism and sleep apnea. The Veteran's TBI claim remains remanded.
- Claimed conditions
- Hypogonadism, Sleep Apnea, Traumatic Brain Injury (TBI)
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 1, 2019
- Citation
- 19175427
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 a rating of 70 percent for posttraumatic stress disorder (PTSD) and traumatic brain injury (TBI), as the Veteran's symptoms most nearly approximated occupational and social impairment with deficiencies in most areas.
- Granted
The Veteran's effective date for the award of a 100 percent rating for PTSD with alcohol use disorder moderate and TBI was granted as of October 22, 2019.
- Denied
The Board denied earlier effective dates for the grant of service connection and increased evaluations for GERD, sinusitis, allergic rhinitis, and TBI.
- Denied
The Board denied an initial compensable disability rating for the Veteran's service-connected traumatic brain injury (TBI) as the evidence did not support a finding of symptoms related to TBI residuals.
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