The Veteran's claim for service connection for a respiratory disorder, to include sleep apnea, is denied as there is no evidence of in-service injury or disease and the current disability is not related to active service.,Service connection for tinnitus is also denied. The Board found that the Veteran did not have an in-service injury or disease and his tinnitus was more likely due to occupational noise exposure after service, with onset occurring over 30 years after discharge.,For left ear hearing loss, a disability rating greater than 80 percent prior to January 25, 2017 is denied. The Veteran's current level of hearing impairment does not warrant such a high rating based on the applicable tables and criteria.,On and after January 25, 2017, the Veteran’s left ear hearing loss warrants a disability evaluation in excess of 80 percent due to the application of specific tables and criteria resulting in a higher reading for one ear.
The deciding factor: The Board found that there was no evidence of an in-service respiratory disorder or tinnitus. The current disabilities are not related to service.,The Veteran's tinnitus is more likely due to occupational noise exposure after service, with onset occurring over 30 years after discharge.,For left ear hearing loss, the preponderance of the evidence does not support a higher rating based on the applicable tables and criteria. The current level of impairment does not warrant such a high rating.,On and after January 25, 2017, the Veteran's left ear hearing loss warrants a disability evaluation in excess of 80 percent due to the application of specific tables and criteria resulting in a higher reading for one ear.
- Claimed conditions
- Respiratory disorder (to include sleep apnea), Tinnitus
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 24, 2019
- Citation
- 19181085
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
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 bilateral hearing loss and tinnitus, finding that the Veteran's conditions are related to in-service noise exposure.
- Partly granted
The Board granted an effective date of May 17, 2019, for a 70 percent disability rating for PTSD but denied earlier effective dates for service connection for bilateral hearing loss and tinnitus.
- Partly granted
The Board granted readjudication of previously denied claims for service connection for PTSD and COPD, while remanding other issues including entitlement to service connection for an eye disorder, hypertension, tinnitus, a compensable rating for bilateral hearing loss, TDIU, and an initial rating for PTSD.
- Dismissed
The Board dismissed the Veteran's appeals for service connection for bilateral hearing loss disability and tinnitus due to a lack of jurisdiction.
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