The Veteran's claim for an initial rating in excess of 10 percent for tinnitus is denied.,The Veteran's claim for an effective date earlier than December 30, 2010, for a 10 percent evaluation for lumbosacral strain is dismissed as the appeal represents a freestanding claim and not a request to revise a final decision based on CUE.,The Veteran's claim for an effective date earlier than August 13, 2013, for service connection of radiculopathy of the left lower extremity is denied as the earliest date that it can be factually ascertained that radiculopathy was demonstrated is August 13, 2013.,The Veteran's claim for a 30 percent rating for obstructive sleep apnea (OSA) is remanded as there is no evidence of service connection prior to June 11, 2014.,The Veteran's claim for a 10 percent rating for tinnitus is remanded as there is no evidence of service connection prior to June 11, 2014.,The Veteran's claim for service connection for a hip disability is denied due to lack of current diagnosis.
The deciding factor: The preponderance of the evidence does not support the claims for increased ratings or earlier effective dates. The Veteran has no diagnosed hip disability and his lay assertions are outweighed by the medical evidence.
- Claimed conditions
- tinnitus, lumbosacral strain, radiculopathy of the left lower extremity, obstructive sleep apnea (OSA), hip disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 3, 2022
- Citation
- 22000093
Veterans Law Judge
Decisions by this judge: 2,287 · Granted: 23% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 22000093.
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.
- 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.
- Granted
The Veteran's tinnitus is granted as service connected. The issues of foot disability and cardiovascular disorder are remanded for additional development.
- Granted
The Board has granted service connection for tinnitus, finding that it is at least as likely as not that the Veteran experienced tinnitus during his active duty service.
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