The Veteran's claim for service connection for bilateral hearing loss disability is denied as there is no evidence of a current disability. The Board finds that the Veteran does not have a bilateral hearing loss disability for VA compensation purposes.,Service connection for sleep apnea has been granted based on continuity of symptomatology since active service and credible lay testimony from the Veteran regarding his symptoms during service.,The Veteran's PTSD is rated as 70 percent disabling throughout the appeal period, with occupational and social impairment with deficiencies in most areas due to symptoms such as difficulty adapting to stressful circumstances, impaired impulse control, and inability to establish effective relationships.,Service connection for back disability, including DDD and thoracic muscle spasms, has been remanded. The Veteran reported injuries during basic physical training (PT) and combat fitness training, but STRs are silent on these claims.,Service connection for right lower extremity radiculopathy and left lower extremity radiculopathy have also been remanded as there is insufficient evidence to determine the etiology of these conditions.,The Veteran's claim for service connection for urinary incontinence has not been addressed, as it was not part of his original appeal.,Further development is needed to clarify the Veteran's periods of qualifying service and verify any injuries reported during active duty.
The deciding factor: There is no evidence of a current bilateral hearing loss disability for VA compensation purposes. The Veteran did not meet the diagnostic criteria for a bilateral hearing loss disability as defined by VA regulations.,The Veteran has provided credible lay testimony regarding his symptoms of sleep apnea during service and since then, which supports a grant of service connection on a direct basis.,The Veteran's PTSD is rated based on its impact on occupational and social functioning. The criteria for a 70 percent rating are met due to the severity of his symptoms and their effect on daily life.,Service connection cannot be granted without evidence of an in-service injury or disease, which is lacking in this case as STRs do not mention any back injuries during service.,The Veteran's radiculopathy claims have been remanded because there is insufficient medical evidence to determine the etiology of these conditions. Further investigation may be needed to establish a connection between current symptoms and service.,Service connection for urinary incontinence has not been addressed as it was not part of the original appeal, and further clarification on this issue is required.,Clarification is needed regarding the Veteran's periods of qualifying service due to incomplete information provided.
- Claimed conditions
- Bilateral Hearing Loss Disability, Sleep Apnea, Posttraumatic Stress Disorder (PTSD), Back Disability, to include Degenerative Disc Disease (DDD) and Thoracic Spine Muscle Spasms, Right Lower Extremity Radiculopathy, Left Lower Extremity Radiculopathy, Urinary Incontinence
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 28, 2023
- Citation
- 23054075
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 23054075.
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 claim for service connection for PTSD is granted as the evidence shows a current diagnosis of PTSD, an in-service stressor, and a medical link between the two.
- Denied
The Veteran's PTSD has been rated at 50% since March 23, 2004. The Board found that a higher rating is not warranted prior to February 15, 2005 due to the severity of his symptoms and their impact on his social and occupational functioning.
- Denied
The Board denied the Veteran's claims for service connection for PTSD and any acquired psychiatric disorder, finding that there was no evidence to support a link between his current mental health conditions and his military service.
- Granted
The Veteran's PTSD resulted in occupational and social impairment with reduced reliability and productivity, warranting a 70% disability rating. The Veteran also met the criteria for a TDIU due to his service-connected disabilities preventing him from securing or following a substantially gainful occupation.
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