The Veteran's claims for service connection for complex sleep apnea and tinnitus have been reopened due to the submission of new and material evidence. The claim for a compensable disability rating for bilateral hearing loss is denied, as his hearing impairment does not meet the criteria for any higher rating under VA's auditory acuity schedule. The Veteran's CAD remains at 60 percent disabling, with no evidence of chronic congestive heart failure or limited workload resulting in dyspnea, fatigue, angina, dizziness, or syncope. The claim for an effective date earlier than June 26, 2014 for the increased PTSD rating is denied due to lack of factual ascertainability.,The Veteran's claims for service connection for complex sleep apnea and tinnitus have been reopened due to new and material evidence. His hearing loss remains at a noncompensable rating as his pure tone thresholds do not meet the criteria for any higher rating under VA's auditory acuity schedule. The Veteran's CAD is rated at 60 percent disabling, with no evidence of chronic congestive heart failure or limited workload resulting in dyspnea, fatigue, angina, dizziness, or syncope. The claim for an effective date earlier than June 26, 2014 for the increased PTSD rating is denied due to lack of factual ascertainability.
The deciding factor: The Veteran's claims for service connection for complex sleep apnea and tinnitus have been reopened based on new evidence. However, his hearing loss does not meet the criteria for any higher disability ratings under VA's auditory acuity schedule. The Veteran's CAD remains at a 60 percent rating due to lack of evidence supporting chronic congestive heart failure or limited workload resulting in dyspnea, fatigue, angina, dizziness, or syncope.,The Veteran's claims for service connection for complex sleep apnea and tinnitus have been reopened based on new evidence. However, his hearing loss does not meet the criteria for any higher disability ratings under VA's auditory acuity schedule. The Veteran's CAD remains at a 60 percent rating due to lack of evidence supporting chronic congestive heart failure or limited workload resulting in dyspnea, fatigue, angina, dizziness, or syncope.
- Claimed conditions
- Complex Sleep Apnea, Tinnitus, Bilateral Hearing Loss, Coronary Artery Disease (CAD), Posttraumatic Stress Disorder with Depressive Disorder (PTSD-DD)
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 17, 2022
- Citation
- 22064399
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 22064399.
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.
- Denied
The Board denied service connection for bilateral hearing loss and tinnitus, finding that the Veteran's current conditions are not related to his military service.
- Granted
The Veteran's bilateral hearing loss is granted as service-connected. The claims for alcohol abuse and psychiatric disorder are remanded for additional development, including a VA examination to determine the nature and etiology of these conditions.
- Remanded (sent back)
The Board has decided to remand the case due to a need for a new VA examination to assess the current severity of the Veteran's bilateral hearing loss. The issue remains under direct service connection theory.
- Denied
The Veteran's hearing loss was rated at 30 percent, the highest non-compensable rating available. The Board found that his hearing loss did not warrant a higher rating based on VA examinations and medical records.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
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.