The Veteran's tinnitus claim is denied as the maximum schedular rating has been assigned.,The claim for service connection for sleep apnea was previously denied, but reopened due to new and material evidence. The issue remains on appeal.,The Veteran's degenerative arthritis of the lumbar spine, radiculopathy of the right lower extremity, radiculopathy of the left lower extremity, status post left knee injury with mild arthritis, otitis media, and hearing loss are all remanded for further evaluation.,The Veteran's service connection claim for sleep apnea is remanded as new evidence has been received. The issue remains on appeal.,The Veteran's TDIU claim is also remanded due to the inextricably intertwined nature with other issues.
The deciding factor: The maximum schedular rating of 10 percent for tinnitus has already been assigned, and additional evidence does not warrant a higher rating under the applicable criteria.,New and material evidence was received that relates to an unestablished fact necessary to substantiate the claim for service connection for sleep apnea (whether it is related to service).,The Veteran's disabilities have not been evaluated in over five years, and further evaluation is needed to determine their current severity. The VA examinations from 2018 are outdated.,The Veteran has not provided any lay or medical evidence indicating that his sleep apnea was caused by VA treatment. A VA examination with etiological opinion is necessary.,Under the PACT Act, development for toxic exposure risk activities (TERAs) is required as the Veteran served in the Persian Gulf and may have been exposed to toxic substances.
- Claimed conditions
- tinnitus, degenerative arthritis of the lumbar spine, radiculopathy, right lower extremity, raticulopathy, left lower extremity, status post, left knee injury with mild arthritis, otitis media, hearing loss
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 29, 2023
- Citation
- 23063223
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 23063223.
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.
- Granted
The Veteran's tinnitus is granted as service connected. The issues of foot disability and cardiovascular disorder are remanded for additional development.
- Granted
The Board has granted service connection for tinnitus, finding that it is at least as likely as not that the Veteran experienced tinnitus during his active duty service.
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