The Board has determined that new and material evidence has not been received to reopen the claim for service connection for bilateral hearing loss. The Veteran's hearing loss was not shown during service or within one year of separation, and there is no competent medical evidence linking his current hearing loss to service.,Service connection for OSA is denied as there is no evidence showing that the condition began in service or within a year after discharge. The Board found that the Veteran did not have OSA during service and there is no credible evidence connecting it to service.
The deciding factor: The claim for bilateral hearing loss was previously denied due to lack of evidence meeting VA's criteria for hearing loss disability under 38 C.F.R. § 3.385, and the Veteran did not provide new and material evidence to reopen this claim.,For OSA, the Board found that there is no evidence showing onset during service or within a year after discharge, and the Veteran's current condition was first diagnosed more than two decades after separation from service.
- Claimed conditions
- Bilateral Hearing Loss, Obstructive Sleep Apnea (OSA)
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 17, 2023
- Citation
- 23056576
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 23056576.
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.
- 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.
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