The Veteran's claim for service connection for OSA has been reopened and granted.,Service connection is granted for an acquired psychiatric disorder, including PTSD related to military service.,Service connection is granted for tinnitus, with the onset likely during service aboard the U.S.S. Bataan.,Service connection is remanded for bilateral hearing loss due to potential noise exposure in service.,An initial rating in excess of 10 percent is remanded for left knee disability and right knee disability.
The deciding factor: New evidence received since the final May 2010 decision includes VA treatment records documenting OSA diagnosis, raising a reasonable possibility of substantiating the claim.,The Veteran's in-service psychiatric treatment and reports of fear of hostile military activity are considered positive nexus opinions between his current acquired psychiatric disorder and service.,The Veteran reported continuous tinnitus symptoms since service, supported by lay statements and VA records. The Board finds these assertions credible.,No STRs for hearing loss were found; however, the Veteran's history of noise exposure in service is noted. A VA examination is needed to determine current severity and etiology.,The Veteran reported snoring and apneic episodes during service aboard the U.S.S. Bataan. The examiner should consider these reports and assess whether OSA onset was related to service.,VA examinations are required for both knees due to the Veteran's testimony of worsening symptoms since the last examination.
- Claimed conditions
- obstructive sleep apnea (OSA), acquired psychiatric disorder, tinnitus, bilateral hearing loss, left knee patellofemoral syndrome (left knee disability), right knee patellofemoral syndrome (right knee disability)
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 12, 2023
- Citation
- 23022155
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 23022155.
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.
- 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.
- 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.
- 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.
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