The Board has decided that the Veteran does not have a current diagnosis of sleep apnea and must reconsider his claim for service connection for headache disorder. The reduction in rating for bilateral hearing loss is void ab initio due to lack of proper procedural steps, and an effective date prior to July 31, 2017 for the grant of service connection for bilateral hearing loss has been granted.
The deciding factor: The evidence does not support a current diagnosis of sleep apnea. The Veteran's headache disorder claim must be reconsidered as new relevant service records have been received since the last denial in October 2013. The reduction in rating for bilateral hearing loss was improper due to lack of proper procedural steps.
- Claimed conditions
- sleep apnea, headache disorder, bilateral hearing loss, tinnitus
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 25, 2020
- Citation
- 20056071
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 20056071.
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 Veteran's appeal for service connection of bilateral hearing loss and a ruptured right ear drum was dismissed due to the death of the Veteran.
- Denied
The Board found that the Veteran's bilateral hearing loss was noted upon entry into active duty service and did not increase in severity during service. Therefore, it denied his claim for service connection.
- Remanded (sent back)
The Board has remanded the claims for service connection for hearing loss, tinnitus, and an acquired psychiatric disorder due to incomplete medical records and need for further examination.
- Denied
The Board denied the Veteran's claims for service connection for tinnitus, arthritis, and memory loss. The decision found no evidence linking these conditions to his military service.
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