The Veteran's initial claim for a compensable rating for right ear hearing loss was denied as his current hearing acuity is at Level II, which corresponds to noncompensable disability.,Service connection for obstructive sleep apnea was also denied. The Board found that the preponderance of evidence did not support finding that the Veteran's sleep apnea began during service or is related to a service-connected condition.
The deciding factor: The Veteran’s right ear hearing loss has been consistently rated as noncompensable due to his current hearing acuity level, which does not meet the criteria for a compensable rating under VA regulations.,There was insufficient evidence to establish that the Veteran's obstructive sleep apnea began during service or is related to his service-connected anxiety disorder. The Board found that the preponderance of the evidence did not support these claims.
- Claimed conditions
- Right ear hearing loss, Obstructive sleep apnea
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 12, 2020
- Citation
- 20072691
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.
- Partly granted
The Board granted a 20 percent rating for the Veteran's left knee strain, service connection for right ear hearing loss, and service connection for a right ankle disorder. Other claims were denied or remanded.
- Denied
The appeal for higher ratings and effective dates for various conditions was denied, with the exception of left and right lower extremity radiculopathy which were granted an earlier effective date.
- Denied
The Board denied service connection for an acquired psychiatric disorder, chronic rhinitis, and obstructive sleep apnea. The headache claim was remanded for further examination.
- Partly granted
The appeal was denied for service connection of a cervical spine disorder, and several claims were remanded for further development.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.