The Veteran's claim for service connection for obstructive sleep apnea is denied as there was no diagnosis of the condition.,The Veteran's claim for a compensable rating for bilateral hearing loss is denied due to non-diagnosed symptoms and lack of evidence supporting a higher disability level.,The Veteran's claim for an earlier effective date for a 30% rating for GERD with nutcracker esophagus is dismissed as moot, but the issue of service connection for erectile dysfunction and lumbar spine disability remains remanded.,The Veteran's claims for service connection for erectile dysfunction (secondary to his service-connected conditions) and lumbar spine disability remain pending and are being remanded for further evaluation.
The deciding factor: There was no diagnosis of obstructive sleep apnea, and the evidence does not support a finding that the Veteran had this condition.,The Veteran's bilateral hearing loss did not meet the criteria for a compensable rating as his hearing acuity levels were within normal limits.,The claim for an earlier effective date is dismissed due to lack of justiciable case or controversy, and the issues of service connection for erectile dysfunction and lumbar spine disability remain pending.,VA treatment records did not provide sufficient evidence to support a higher rating for GERD with nutcracker esophagus. The claims for service connection for erectile dysfunction (secondary to his service-connected conditions) and lumbar spine disability are being remanded.
- Claimed conditions
- Obstructive Sleep Apnea, Bilateral Hearing Loss, Erectile Dysfunction, Lumbar Spine Disability
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 20, 2023
- Citation
- 23023124
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 23023124.
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.
- 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.
- Denied
The Board denied the Veteran's claim for service connection for bilateral hearing loss, finding that there was no evidence of a nexus between his current hearing loss and his active service. The Board noted that while he had complaints of earaches in service, these did not indicate a current disability.
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.