The Veteran's claims for right and left ear hearing loss disabilities, Morton's neuroma of the left foot (status post-surgical removal), and obstructive sleep apnea have been remanded. The effective date for an increased rating of 20 percent for left shoulder strain disability is set at February 20, 2019.
The deciding factor: The evidence does not meet the criteria for a hearing loss disability for VA compensation purposes in either ear and the Veteran's left foot scars do not meet the minimum area required under DCs 7801 or 7802 to warrant a compensable rating. The effective date of February 20, 2019, is assigned based on the date the increased rating claim was received.
- Claimed conditions
- Right ear hearing loss disability, Left ear hearing loss disability, Morton's neuroma of the left foot (status post-surgical removal), Obstructive sleep apnea
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 18, 2024
- Citation
- A24019617
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 A24019617.
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 due to a duty to assist error, specifically regarding whether the Veteran's current conditions are aggravated by his service-connected DDD of the lumbosacral spine. The AOJ is required to obtain new medical opinions addressing this issue.
- Remanded (sent back)
The Board has denied the Veteran's claims for initial compensable ratings for obstructive sleep apnea and headaches, finding that the evidence does not support a finding of persistent daytime hypersomnolence or other manifestations consistent with a compensable disability rating under the criteria established by Diagnostic Codes. The matter is remanded to obtain additional information from the Veteran regarding his headaches and their impact on his daily life.
- Granted
The Board has granted the Veteran's claim for service connection of obstructive sleep apnea as secondary to his service-connected residuals of left foot 5th metatarsal fracture.
- Granted
The Veteran's claim for an earlier effective date for service connection of obstructive sleep apnea has been granted, with the effective date set at June 25, 2019.
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