The Veteran's service-connected disabilities, including depression, left upper extremity radiculopathy, cervical spine condition, tinnitus, scar with puncture wound residuals, and obstructive sleep apnea, have rendered him unable to secure or follow a substantially gainful occupation. The case is being remanded for referral to the Director of Compensation Service for extraschedular consideration.
The deciding factor: The Veteran's service-connected disabilities, including depression, left upper extremity radiculopathy, cervical spine condition, tinnitus, scar with puncture wound residuals, and obstructive sleep apnea, have significantly impaired his ability to work due to chronic fatigue, pain, static positioning requirements, and mental health issues.
- Claimed conditions
- depression, left upper extremity radiculopathy, cervical spine condition, tinnitus, scar with puncture wound residuals, obstructive sleep apnea
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 11, 2024
- Citation
- 24001862
Veterans Law Judge
Decisions by this judge: 2,549 · Granted: 29% (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 24001862.
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.
- 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.
- Granted
The Veteran's tinnitus is granted as service connected. The issues of foot disability and cardiovascular disorder are remanded for additional development.
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