The Board has determined that effective dates earlier than March 5, 2012 for tinnitus and cervical spine degenerative joint disease are not warranted.,An initial rating in excess of 10 percent for tinnitus is denied.,An initial rating in excess of 50 percent for obstructive sleep apnea is remanded.
The deciding factor: The appellant did not file a claim of entitlement to service connection for these conditions prior to the specified effective dates, and no intent to file was received within the year prior to those dates.,The evidence does not support an initial rating in excess of 10 percent for tinnitus as the condition is already at its maximum schedular evaluation under Diagnostic Code 6260.,Further development is needed to determine if a higher rating is warranted for obstructive sleep apnea.
- Claimed conditions
- tinnitus, cervical spine degenerative joint disease, unspecified depressive disorder, migraine headaches, obstructive sleep apnea
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 5, 2024
- Citation
- 24000949
Veterans Law Judge
Decisions by this judge: 2,062 · Granted: 34% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 24000949.
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 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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