The Veteran's tinnitus is currently rated at the maximum schedular rating of 10 percent, and no higher. The scars on his knees are not compensable as they do not cause functional impairment or other disabling effects.,The Veteran’s periodic limb movements have been found to be severe, but the Board has determined that this condition should be rated under a different diagnostic code (8599-8103) which is best suited for involuntary movements during sleep. The current rating of noncompensable is maintained as the symptoms do not meet criteria for a compensable rating.,The Veteran's bilateral hearing loss has not been established due to lack of audiometric test results meeting the requirements of 38 C.F.R. § 3.385.
The deciding factor: The Veteran’s tinnitus is rated at the maximum schedular rating of 10 percent, and no higher as there are no indications of manifestations that do not cover by the schedular criteria.,The scars on the knees are not compensable under any applicable diagnostic codes due to lack of functional impairment or other disabling effects. The Veteran's scars are asymptomatic, not deep, superficial, or nonlinear in an area or areas of 144 square inches (929 sq. cm).,The Veteran’s periodic limb movements have been rated as noncompensable under Diagnostic Code 8599-8103 due to the nature of involuntary movements during sleep and lack of functional impact.,The Veteran's bilateral hearing loss has not been established as there are no audiometric test results meeting the requirements of 38 C.F.R. § 3.385.
- Claimed conditions
- tinnitus, bilateral knee scars, periodic limb movements of bilateral lower extremities, bilateral hearing loss
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 27, 2018
- Citation
- 18138961
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 18138961.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
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.
- 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.
- Denied
The Board denied the Veteran's claims for service connection for tinnitus, arthritis, and memory loss. The decision found no evidence linking these conditions to his military service.
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