The Veteran's claim for an effective date prior to January 29, 2018 for tinnitus is denied as there was no prior communication indicating a claim.,The Veteran's claim for a disability rating in excess of 10 percent for tinnitus remains denied due to the absence of additional manifestations beyond ringing in his ears.,The claims for service connection for neck disorder and acquired psychiatric disorder are both reopened based on new evidence, but the Board finds that service connection is not warranted as there is no established link between these conditions and service.,Service connection is granted for obstructive sleep apnea as it was proximately caused by a service-connected left knee disorder.,The claims for TDIU remain remanded.
The deciding factor: The effective date of tinnitus cannot be earlier than January 29, 2018 due to the lack of prior formal or informal claim. The Veteran's contention that he filed an earlier claim is not supported by the record.,The Veteran does not have additional manifestations of his tinnitus beyond ringing in his ears, which are already compensated under the current rating criteria.,There is no established link between the acquired psychiatric disorder and service as evidenced by the VA examination findings. The new evidence provided by Dr. H. H.-G. does not establish a nexus to service.,Obstructive sleep apnea was proximately caused by the Veteran's service-connected left knee disorder, satisfying the criteria for service connection.,The TDIU claim remains remanded as there is insufficient information regarding the Veteran's employment status and ability to work.
- Claimed conditions
- tinnitus, neck disorder, obstructive sleep apnea, acquired psychiatric disorder
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 12, 2023
- Citation
- 23055713
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 23055713.
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 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.
- Remanded (sent back)
The Board has remanded the case for additional development regarding the Veteran's service connection claim for an acquired psychiatric disorder, including PTSD.
- Denied
The Board denied the Veteran's claim for service connection for obstructive sleep apnea, finding that there is no competent evidence to support a finding that his current condition began in or as a result of service.
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