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Remanded (sent back)PACT Act

A disability rating greater than 10 percent for tinnitus is denied. An earlier effective date prior to April 5, 2023, for the grant of service connection for tinnitus is also denied.,Service connection for right ear hearing loss is granted. Service connection for left lower extremity nerve condition, lumbar spine disability, and obstructive sleep apnea are all denied.,The Veteran's right ear hearing loss is related to in-service acoustic trauma. The Board finds the evidence of record establishes that his right ear hearing loss is related to service.,There is no current diagnosis for a left lower extremity nerve condition, lumbar spine disability, or obstructive sleep apnea. Service connection cannot be granted as there are no diagnosed disabilities eligible for VA compensation.,The Veteran's right lower extremity nerve condition is remanded and requires an opinion regarding its relationship to service. Toxic exposures in-service may be a factor.,Service connection for obstructive sleep apnea is denied, but the Board notes that toxic exposures in-service may be relevant.

The deciding factor: The maximum schedular rating of 10 percent for tinnitus was already assigned and no higher rating can be granted. The effective date for service connection for tinnitus is fixed at April 5, 2023.,Service connection cannot be granted as there are no diagnosed disabilities eligible for VA compensation. Right ear hearing loss is related to in-service acoustic trauma.,The Veteran's right ear hearing loss is related to in-service acoustic trauma and the threshold shift beyond test variability from entrance to separation indicates possible auditory damage from conceded noise activity on active duty.,There is no current diagnosis for a left lower extremity nerve condition, lumbar spine disability, or obstructive sleep apnea. Service connection cannot be granted as there are no diagnosed disabilities eligible for VA compensation.,The Veteran's right lower extremity nerve condition requires an opinion regarding its relationship to service due to toxic exposures in-service.,Service connection for obstructive sleep apnea is denied but the Board notes that toxic exposures in-service may be relevant.

Claimed conditions
tinnitus, right ear hearing loss, left lower extremity nerve condition, lumbar spine disability, obstructive sleep apnea
How they argued it
Not specified
Exposure basis
None
Rating assigned
None in this decision
Decision date
January 15, 2026
Citation
A26004226

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 A26004226.

What this means for you

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