The claims for service connection for bilateral hearing loss, respiratory disorders other than asthma including chronic cough, COPD and RAD, and sleep apnea syndromes are reopened. The claim of service connection for a thoracic spine disorder (secondary to right shoulder disability), a cervical spine disorder (secondary to right shoulder disability), chronic fatigue syndrome (secondary to sleep apnea syndromes), and migraines (secondary to cervical spine disorder) is remanded.
The deciding factor: The VA examinations did not provide an opinion on whether the respiratory disorders other than asthma are related to service or caused by the now service-connected asthma, nor did they address the relationship between the Veteran's sleep apnea syndromes and his in-service exposure to burn pits.
- Claimed conditions
- bilateral hearing loss, respiratory disorders (including chronic cough, COPD and RAD), sleep apnea syndromes, thoracic spine disorder, cervical spine disorder, chronic fatigue syndrome, migraines
- How they argued it
- Not specified
- Exposure basis
- Burn pits / airborne hazards
- Rating assigned
- None in this decision
- Decision date
- January 5, 2022
- Citation
- 22000543
Veterans Law Judge
Decisions by this judge: 2,548 · Granted: 31% (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 22000543.
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.
- 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.
- Granted
The Veteran's claim for service connection for migraines was reopened due to new evidence. Service connection is granted for painful scars, but the rating assigned remains at 10 percent. The claims for fibromyalgia and bilateral shoulder disability are denied.
- Granted
The Board has determined that the Veteran's headaches are at least as likely as not caused by his service-connected traumatic brain injury, and thus grants service connection for this condition.
- 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.
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