The Veteran's claim for service connection for bilateral hearing loss was denied in February 2018, but the Board finds no new and relevant evidence to warrant readjudication.,Service connection for migraines is granted. The Veteran's medical records confirm a diagnosis of migraine headaches, which he asserts began during his deployment to Southwest Asia. A private clinician opines that the Veteran's migraines are at least as likely as not related to his service exposure.,The effective date for PTSD is denied as it was received on April 24, 2019, after a Supplemental Claim was filed in June 2019. The Board finds no earlier effective date due to the timing of the claim and receipt of evidence.,Service connection for sleep apnea is granted with an initial 30% rating from June 4, 2019. The Veteran's claim for a higher rating was denied in January 2020 but later increased to 50%. The Board finds no earlier effective date due to the timing of the claims and receipt of evidence.,Service connection for fatigue (including chronic fatigue syndrome) is remanded as new evidence has not been received since an unappealed February 2018 rating decision.,Service connection for gastrointestinal symptoms (including irritable bowel syndrome) is remanded as new evidence has not been received since an unappealed February 2018 rating decision.,Service connection for left ankle disability is remanded as new evidence has not been received since an unappealed February 2018 rating decision.,Service connection for right foot disability is remanded as new evidence has not been received since an unappealed February 2018 rating decision.,Service connection for left foot disability is remanded as new evidence has not been received since an unappealed February 2018 rating decision.
The deciding factor: The Veteran did not submit or identify any new and relevant evidence to warrant readjudication of the claim for service connection for bilateral hearing loss.,The private clinician's opinion supports a finding that the Veteran's migraines are at least as likely as not related to his service exposure, resolving all doubt in favor of the Veteran.,The effective date for PTSD was denied because it was received after a Supplemental Claim was filed and no new evidence has been submitted since an unappealed February 2018 rating decision.,Service connection for sleep apnea is granted with an initial 30% rating from June 4, 2019. The Veteran's claim for a higher rating was denied in January 2020 but later increased to 50%. The Board finds no earlier effective date due to the timing of the claims and receipt of evidence.,The remand is based on the absence of new and relevant evidence since an unappealed February 2018 rating decision, which would be required for service connection for fatigue (including chronic fatigue syndrome) and gastrointestinal symptoms (including irritable bowel syndrome).,The remand is based on the absence of new and relevant evidence since an unappealed February 2018 rating decision, which would be required for service connection for left ankle disability.,The remand is based on the absence of new and relevant evidence since an unappealed February 2018 rating decision, which would be required for service connection for right foot disability.,The remand is based on the absence of new and relevant evidence since an unappealed February 2018 rating decision, which would be required for service connection for left foot disability.
- Claimed conditions
- bilateral hearing loss, migraines, posttraumatic stress disorder (PTSD), obstructive sleep apnea
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 16, 2023
- Citation
- A23032409
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 A23032409.
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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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