The Board granted service connection for a depressive disorder and denied an initial compensable rating for bilateral sensorineural hearing loss, while remanding the issue of entitlement to service connection for obstructive sleep apnea.
The deciding factor: The evidence was in relative equipoise regarding whether the Veteran's depressive disorder is related to his in-service events. The criteria for a compensable rating for bilateral sensorineural hearing loss were not met based on the audiometric test results and the functional effects of the disability are already contemplated by the schedular rating criteria.
- Claimed conditions
- Depressive Disorder, Obstructive Sleep Apnea (OSA)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 0%
- Decision date
- January 5, 2022
- Citation
- 22000436
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Partly granted
The Board granted service connection for obstructive sleep apnea, left knee disability, and right knee disability. The claims for urinary frequency disability and residuals of a cholecystectomy were denied.
- Partly granted
The Board denied an initial increased rating for diabetes mellitus type II and remanded the claims for service connection for obstructive sleep apnea, right shoulder strain with acromioclavicular joint osteoarthritis and tendinitis, cervical spine spondylosis, left knee degenerative arthritis, right knee degenerative arthritis, and thoracolumbar scoliosis and lumbar spine degenerative changes.
- Remanded (sent back)
The Board remands the claim for service connection of obstructive sleep apnea as it requires further development and evidence.
- Remanded (sent back)
The Board remands the claim for service connection for obstructive sleep apnea (OSA), to include as secondary to GERD, for further development and a new VA medical opinion.
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