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 will be remanded for further development.,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 rated as they currently stand. Further VA examinations will be required to determine current severity.,The Veteran's service connection for sleep apnea is remanded due to reopening of the claim and need for a VA examination to establish whether it may be related to service.,The Veteran's TDIU claim is remanded due to inextricably intertwined issues with other claims, including his service connection for sleep apnea.,VA toxic exposure risk activities (TERAs) are required to determine if the Veteran participated in any such activities. Further VA examinations will be needed to assess the severity of the Veteran's disabilities and their impact on employment.
The deciding factor: The maximum schedular rating for tinnitus has been assigned, so no higher rating is warranted.,New evidence received since the last denial indicates that sleep apnea may be related to service. The claim will be reopened but not yet decided as further development is needed.,Further VA examinations are required to determine current severity of disabilities and their impact on employment.,VA toxic exposure risk activities (TERAs) need to be determined, which could affect the Veteran's eligibility for certain benefits.,The TDIU claim is remanded due to inextricably intertwined issues with other claims, including service connection for sleep apnea.,Further VA examinations are needed to assess the severity of disabilities and their impact on employment.
- 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.
- Partly granted
The Board granted service connection for asthma and remanded claims for insomnia and sleep apnea. Other conditions were denied.
- Dismissed
The Veteran withdrew the appeals for service connection for bilateral pes planus, obstructive sleep apnea, bilateral hearing loss, tinnitus, and chronic obstructive pulmonary disease (COPD).
- Partly granted
The Board granted a 50 percent rating for posttraumatic stress disorder (PTSD) and denied increased ratings for right shoulder impingement syndrome, hearing loss, painful scar, patellofemoral pain syndromes of the knees, and other conditions.
- Remanded (sent back)
The Board remands the claim for service connection for tinnitus to correct a duty to assist error, as the Veteran's lay statements regarding onset and continuity of symptoms were not adequately considered in the previous decision.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.