Remanded (sent back)
The Board remands the claims for service connection for an ear condition, to include hearing loss, middle ear effusion, and eustachian tube dysfunction, and obstructive sleep apnea (OSA) due to a pre-decisional duty to assist error.
The deciding factor: The failure to obtain adequate VA examinations and TERA opinions constitutes a pre-decisional duty to assist error.
- Claimed conditions
- ear condition, to include hearing loss, middle ear effusion, and eustachian tube dysfunction, obstructive sleep apnea (OSA)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 1, 2025
- Citation
- A25084735
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