The Board has determined that new and material evidence has been received to reopen the Veteran's claims for service connection for right ear hearing loss, obstructive sleep apnea, and lower back disability. The claims are granted as entitlement to service connection is established for these conditions.
The deciding factor: New and material evidence was submitted supporting the Veteran’s claims for right ear hearing loss, obstructive sleep apnea, and lower back disability, which were previously denied due to lack of evidence or failure to meet the burden of proof. The Board finds that the new evidence is sufficient to reopen these claims.
- Claimed conditions
- right ear hearing loss, obstructive sleep apnea, lower back disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 19, 2019
- Citation
- 19187173
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 appeal for a compensable rating for left ear hearing loss, service connection for right ear hearing loss, and bilateral vision condition was dismissed. Service connection for hypertension, congestive heart failure, and coronary artery disease was denied.
- 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).
- 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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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.