The Veteran's left and right knee disabilities are not service-connected.,The Veteran's right eye disability is not service-connected.,The Veteran's acquired psychiatric disability (likely depression and/or mood disorder) may be service-connected due to aggravation by his service-connected hearing loss and tinnitus. The extent of the aggravation will need to be determined.,Obstructive sleep apnea may or may not be service-connected, depending on whether it is aggravated by the Veteran's depressive disorder. The severity of both conditions before and after aggravation will need to be assessed.,The Veteran's entitlement to a total disability rating based on individual unemployability (TDIU) is remanded for further development.
The deciding factor: There was no chronicity of knee disabilities in service, no compensable manifestation within the applicable presumptive period, and no continuity of symptomatology. The Veteran's reports of continuity are internally inconsistent with his contemporaneous treatment records.,The evidence does not establish a current right eye disability or a relevant in-service injury or disease. The claim is not reopened.,An acquired psychiatric disability (likely depression and/or mood disorder) may be service-connected due to aggravation by the Veteran's service-connected hearing loss and tinnitus, but further development is needed to determine the extent of such aggravation.,Obstructive sleep apnea may or may not be service-connected depending on whether it is aggravated by the Veteran's depressive disorder. Further development is needed to assess both conditions before and after aggravation.,The issues are inextricably intertwined with the remanded issues, so a decision on TDIU must wait until those issues have been resolved.
- Claimed conditions
- left knee disability, right knee disability, right eye disability, acquired psychiatric disability (likely depression and/or mood disorder), obstructive sleep apnea
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 4, 2019
- Citation
- 19177005
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 service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
- 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.
- Remanded (sent back)
The Board remands the issue of entitlement to service connection for obstructive sleep apnea due to a duty to assist error.
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