The Board has denied the Veteran's claims for service connection for left ear hearing loss and obstructive sleep apnea disabilities. The Veteran's allergic rhinitis claim is remanded, and his chronic fatigue syndrome (to include as due to Gulf War syndrome) claim requires further development.,The Veteran was not found to have a current diagnosis of left ear hearing loss or obstructive sleep apnea disability related to service.
The deciding factor: The Board concluded that the evidence did not show audiometric results indicating a current left ear hearing loss disability, and there were no in-service events or diagnoses linked to his current obstructive sleep apnea disability. The Veteran's allergic rhinitis claim requires further development due to conflicting medical opinions, and his chronic fatigue syndrome (to include as due to Gulf War syndrome) claim needs clarification regarding its etiology.
- Claimed conditions
- Left ear hearing loss, Obstructive sleep apnea, Allergic rhinitis, Chronic fatigue syndrome (to include as due to Gulf War syndrome)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 12, 2023
- Citation
- 23050517
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 23050517.
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.
- Remanded (sent back)
The Board has determined that there was a duty to assist error and remands the case for further development. The Veteran contends his allergic rhinitis began during service, but VA medical opinions have found no link between his current condition and service.
- Remanded (sent back)
The Board has remanded the claims for service connection due to a duty to assist error, specifically regarding whether the Veteran's current conditions are aggravated by his service-connected DDD of the lumbosacral spine. The AOJ is required to obtain new medical opinions addressing this issue.
- Remanded (sent back)
The Board has denied the Veteran's claims for initial compensable ratings for obstructive sleep apnea and headaches, finding that the evidence does not support a finding of persistent daytime hypersomnolence or other manifestations consistent with a compensable disability rating under the criteria established by Diagnostic Codes. The matter is remanded to obtain additional information from the Veteran regarding his headaches and their impact on his daily life.
- Partly granted
The Veteran's appeal for an effective date prior to February 5, 2024, for a 10 percent evaluation of allergic rhinitis was denied. The Veteran also appealed for a higher rating for his allergic rhinitis and this was denied as well.,The Veteran's PTSD with TBI claim is remanded due to inadequate medical examinations.
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