The Board has denied service connection for bilateral hearing loss and obstructive sleep apnea (OSA) due to a lack of evidence showing the presence of these conditions during service or their relationship to service. The Veteran's low back disability is also remanded for further examination and opinion.,Service connection for body aches, including fibromyalgia, was not granted as there was no diagnosis of fibromyalgia found in the VA examination.
The deciding factor: The evidence does not show that the Veteran has current diagnoses of bilateral hearing loss or obstructive sleep apnea (OSA) for VA purposes and his assertions are not competent to establish these conditions. The low back disability was also remanded as there is insufficient information in the examination report.,There was no diagnosis of fibromyalgia found, and the examiner's opinion did not address whether the Veteran's body aches were related to service.
- Claimed conditions
- Bilateral Hearing Loss, Obstructive Sleep Apnea (OSA), Low Back Disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 28, 2024
- Citation
- 24009749
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 24009749.
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.
- Granted
The Veteran's bilateral hearing loss is granted as service-connected. The claims for alcohol abuse and psychiatric disorder are remanded for additional development, including a VA examination to determine the nature and etiology of these conditions.
- Remanded (sent back)
The Board has decided to remand the case due to a need for a new VA examination to assess the current severity of the Veteran's bilateral hearing loss. The issue remains under direct service connection theory.
- Denied
The Veteran's hearing loss was rated at 30 percent, the highest non-compensable rating available. The Board found that his hearing loss did not warrant a higher rating based on VA examinations and medical records.
- Denied
The Board denied the Veteran's claim for service connection for bilateral hearing loss, finding that there was no evidence of a nexus between his current hearing loss and his active service. The Board noted that while he had complaints of earaches in service, these did not indicate a current disability.
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