Service connection for a respiratory disability is denied as the evidence does not support that it began during service or is related to an in-service injury, event, or disease.,An initial rating in excess of 10 percent for bilateral hearing loss is denied as the current ratings are already at the maximum allowed under VA regulations.,Service connection for tinnitus is denied as there is no legal basis to award a higher schedular rating.
The deciding factor: The Veteran's respiratory disability was not diagnosed until after service and does not have a clear temporal relationship with his military service. The VA examiner concluded that the condition is unrelated to active service.,The Veteran's bilateral hearing loss has been rated at the maximum allowed under VA regulations, so no higher rating can be granted.,There is no legal basis for an increased schedular rating as tinnitus is only evaluated based on its impact on hearing and understanding speech.
- Claimed conditions
- Respiratory Disability, Bilateral Hearing Loss, Tinnitus
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 23, 2018
- Citation
- 18120095
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 18120095.
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied service connection for bilateral hearing loss and tinnitus, finding that the Veteran's current conditions are not related to his military service.
- Granted
The Veteran's bilateral hearing loss is granted as service-connected. The claims for alcohol abuse and psychiatric disorder are remanded for additional development, including a VA examination to determine the nature and etiology of these conditions.
- Remanded (sent back)
The Board has decided to remand the case due to a need for a new VA examination to assess the current severity of the Veteran's bilateral hearing loss. The issue remains under direct service connection theory.
- Denied
The Veteran's hearing loss was rated at 30 percent, the highest non-compensable rating available. The Board found that his hearing loss did not warrant a higher rating based on VA examinations and medical records.
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