The Board denied a rating higher than 30 percent for the Veteran's service-connected labyrinthitis, as it is already rated at the maximum schedular rating.
The deciding factor: The disability picture more closely approximates the criteria for the current 30 percent rating under Diagnostic Code 6204, and there is no evidence of a higher level of impairment that would warrant an increased rating.
- Claimed conditions
- labyrinthitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 24, 2009
- Citation
- 0910886
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.
- Dismissed
The Board dismissed the Veteran's appeal for not timely submitting a Notice of Disagreement (NOD) within one year from the date of the mailing of an adverse decision.
- Denied
The Board denied the motion to revise an August 2005 rating decision that denied service connection for bilateral hearing loss based on clear and unmistakable error (CUE).
- Remanded (sent back)
The claim for an earlier effective date for a total disability rating based on individual unemployability due to service-connected disabilities is remanded again due to failure to substantially comply with prior remand instructions.
- Granted
The Board has granted service connection for labyrinthitis and peripheral vestibular disorder, finding that these conditions are related to acoustic trauma and ear injury in service.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.