The appeal for service connection for kidney disease was withdrawn by the Veteran, and the claims for increased ratings for obstructive sleep apnea (OSA) and bilateral hearing loss were denied.
The deciding factor: The Veteran's OSA does not meet the criteria for a higher rating as it requires the use of a breathing assistance device but does not cause chronic respiratory failure with carbon dioxide retention or cor pulmonale, nor does it require a tracheostomy. The Veteran's hearing acuity shows Level I and II impairment, which do not warrant a compensable rating.
- Claimed conditions
- kidney disease, obstructive sleep apnea (OSA), bilateral hearing loss
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 31, 2024
- Citation
- A24070441
Veterans Law Judge
Decisions by this judge: 845 · Granted: 39% (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 A24070441.
What this means for you
A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot. It says more about procedure than about whether a claim like this can win.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The Veteran's appeal for service connection of bilateral hearing loss and a ruptured right ear drum was dismissed due to the death of the Veteran.
- Denied
The Board found that the Veteran's bilateral hearing loss was noted upon entry into active duty service and did not increase in severity during service. Therefore, it denied his claim for service connection.
- Remanded (sent back)
The Board has remanded the claims for bilateral hearing loss, migraine headaches, and PTSD due to additional development of records and examination.
- Remanded (sent back)
The Board has decided to remand the case due to insufficient evidence regarding the Veteran's bilateral hearing loss claim, specifically needing an addendum opinion from a VA examiner. The Veteran will be asked to provide any missing records and former employers' information.
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