The Veteran's bilateral hearing loss is denied as there is no persuasive evidence that it began during service or is related to an in-service injury, event, or disease.,The Veteran's obstructive sleep apnea is remanded for a VA examination to determine if it had onset in, or is otherwise related to, active military service and whether it is caused or aggravated by the service-connected disabilities, including chronic pain from his service-connected knee and psychiatric disabilities.,The Veteran's right knee osteoarthritis and instability are remanded for appropriate examinations to determine their current severity with consideration of functional impairment on employability.,The Veteran's left knee osteoarthritis and instability are remanded for appropriate examinations to determine their current severity with consideration of functional impairment on employability.,The Veteran's depressive disorder is remanded for an appropriate examination to determine its current severity.,Earlier effective dates for the grant of service connection and ratings for the Veteran's left knee disability and depressive disorder are remanded as they may be related to his service-connected disabilities.,The Veteran's earlier effective date claims are inextricably intertwined with the increased rating issues.
The deciding factor: The evidence does not support a finding that the Veteran's bilateral hearing loss began during service or is otherwise related to an in-service injury, event, or disease. The Veteran's obstructive sleep apnea may be related to his service-connected disabilities and requires further examination. The Veteran's right knee osteoarthritis and instability, as well as left knee osteoarthritis and instability, require examinations to determine their current severity with consideration of functional impairment on employability. The Veteran's depressive disorder also requires an examination to determine its current severity.
- Claimed conditions
- bilateral hearing loss, obstructive sleep apnea, right knee osteoarthritis, left knee osteoarthritis, right knee instability, left knee instability, depressive disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 30, 2023
- Citation
- 23063584
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 23063584.
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.
- Dismissed
The Veteran's appeal for service connection of bilateral hearing loss and a ruptured right ear drum was dismissed due to the death of the Veteran.
- Denied
The Board found that the Veteran's bilateral hearing loss was noted upon entry into active duty service and did not increase in severity during service. Therefore, it denied his claim for service connection.
- Remanded (sent back)
The Board has remanded the claims for bilateral hearing loss, migraine headaches, and PTSD due to additional development of records and examination.
- 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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