The Board denied the appellant's claims for increased evaluations and service connection, finding that he was already receiving the maximum schedular evaluation for tinnitus and that his PTSD claim lacked legal merit.
The deciding factor: The VA regulations do not allow for a schedular rating in excess of 10 percent for bilateral tinnitus. The Board also found that there is no evidence to support service connection for PTSD based on combat exposure, as the appellant's military records did not indicate he was awarded any valourous awards or decorations.
- Claimed conditions
- tinnitus, bilateral hearing loss, type II diabetes mellitus, peripheral neuropathy (right lower extremity), peripheral neuropathy (left lower extremity), periodontal disease, erectile dysfunction, acquired psychiatric disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 22, 2009
- Citation
- 0940044
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 0940044.
What this means for you
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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.
- Dismissed
The Veteran's claim for an earlier effective date for diabetes mellitus type II with erectile dysfunction was denied as the evidence did not show that he had been diagnosed and manifested to at least a 10 percent disability rating on or prior to May 8, 2001.
- 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 service connection for hearing loss, tinnitus, and an acquired psychiatric disorder due to incomplete medical records and need for further examination.
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