The Board granted service connection for bilateral hearing loss, depression or agitation, and migraine headaches after finding new and material evidence was submitted. The claims for sleep apnea were remanded for further development, while the claim for CFS was denied.
The deciding factor: The decision was based on the submission of new and material evidence that supported the reopening of the claims for hearing loss, depression or agitation, and migraine headaches.
- Claimed conditions
- Bilateral hearing loss, Depression or agitation, Migraine headaches, Sleep apnea, Chronic fatigue syndrome (CFS)
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 30, 2024
- Citation
- 24004720
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
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 chronic headaches, CFS, dermatosis, bilateral RLS, a lumbar spine disability, and sleep apnea but denied a compensable evaluation for allergic rhinitis.
- Granted
The Board granted earlier effective dates of November 5, 2021, for the grants of service connection and eligibility for DEA benefits.
- Denied
The Board denied the veteran's claim for service connection for bilateral hearing loss, as there was no evidence of a current disability in the right ear and insufficient evidence to establish a nexus between the left ear hearing loss and service.
- Remanded (sent back)
The Board remands the matter for a medical clarification regarding whether the Veteran's service-connected epilepsy has aggravated his bilateral hearing loss.
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