The Board has determined that there are missing service treatment records and personnel records from the Veteran's periods of active service and Army Reserve membership. The effective dates for the awards of service connection for left ear hearing loss, tinnitus, and obstructive sleep apnea need to be clarified based on the Veteran's discharge or release status.
The deciding factor: The Board found that there is a pre-decisional duty to assist error regarding the periods of active duty, inactive duty for training (INACDUTRA), and active duty for training (ACDUTRA) service due to unclear definitions in 38 U.S.C. § 101(18).
- Claimed conditions
- left ear hearing loss, tinnitus, obstructive sleep apnea
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 21, 2024
- Citation
- A24048449
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 A24048449.
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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