The Veteran's claim for service connection for right ear hearing loss is denied as he does not have a right ear hearing loss disability for VA purposes.,The Veteran's claim for a compensable rating for multiple noncompensable service connected disabilities prior to July 31, 2014 is denied as there is no legal entitlement to such a rating.,The Veteran's claim for service connection for right shoulder osteoarthritis is remanded due to the need for a new VA medical opinion regarding its etiology.,The Veteran's claim for service connection for sleep disorder (presumably sleep apnea) is remanded as no VA medical opinions have been obtained regarding its nature and etiology.,The Veteran's claim for service connection for left knee disability is remanded due to the need for a new VA medical opinion regarding its etiology.
The deciding factor: There is no right ear hearing loss disability for VA purposes as defined by VA standards.,Once a compensable rating for any service-connected disability has been awarded, the applicability of 38 C.F.R. § 3.324 is rendered moot.,The September 2018 VA medical opinion report failed to adequately consider the lay statements of record regarding the onset and continuity of the Veteran’s symptoms of a right shoulder disability.,No VA medical opinions have been obtained with regard to the nature and etiology of the Veteran's claimed sleep disorder.,No VA medical opinions have been obtained with regard to the nature and etiology of the Veteran's claimed left knee disability.
- Claimed conditions
- right ear hearing loss, right shoulder osteoarthritis, sleep disorder (presumably sleep apnea), left knee disability
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 13, 2020
- Citation
- 20002646
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.
- 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.
- Denied
The Board denied service connection for multiple conditions, including bilateral hearing loss and various musculoskeletal issues, as well as an initial rating in excess of 0 percent for rhinitis. However, the Board granted a 70 percent rating for posttraumatic stress disorder (PTSD).
- Remanded (sent back)
The Board remands the claims for service connection for various disabilities to the AOJ for further development and consideration of evidence not previously considered.
- Partly granted
The Board granted service connection for right knee, right hip, and lumbar spine disabilities as secondary to the Veteran's service-connected left knee disability but denied a rating in excess of 30 percent for his left knee disability prior to April 25, 2019.
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