The Board denied service connection for an acquired psychiatric disorder, right ear hearing loss, and a compensable rating for left ear hearing loss. The veteran's tinnitus was rated at 10 percent, which is the maximum schedular rating.
The deciding factor: The competent medical evidence of record does not show that the veteran has had a right ear hearing loss disability or a chronic increase in severity of his pre-existing acquired psychiatric disorder during service. The veteran's left ear hearing acuity was not shown to be worse than Level I, and the 10 percent rating for tinnitus is the maximum schedular rating.
- Claimed conditions
- Acquired psychiatric disorder, Right ear hearing loss, Left ear hearing loss, Bilateral tinnitus
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 28, 2009
- Citation
- 0903055
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Partly granted
The Board granted a 20 percent rating for the Veteran's left knee strain, service connection for right ear hearing loss, and service connection for a right ankle disorder. Other claims were denied or remanded.
- Granted
The Board granted service connection for an acquired psychiatric disorder, finding a causal relationship between the condition and an in-service incident of military sexual trauma (MST).
- Denied
The appeal for higher ratings and effective dates for various conditions was denied, with the exception of left and right lower extremity radiculopathy which were granted an earlier effective date.
- Remanded (sent back)
The Board has remanded the issue of entitlement to service connection for an acquired psychiatric disorder due to a pre-decisional duty to assist error.
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