The Veteran's tinnitus is currently rated at 10 percent, which is the maximum schedular rating. The Board has determined that application of the regular schedular provisions is not impractical.,There is no evidence of a diagnosed chronic sleep disorder during the appeal period. Therefore, service connection for a sleep disorder cannot be granted.,The Veteran's headaches have also not been diagnosed as a current condition. Thus, service connection for headaches cannot be granted.
The deciding factor: The criteria for an initial rating more than 10 percent for tinnitus are not met due to the maximum schedular rating already assigned under Diagnostic Code 6260.,There is no evidence of a current diagnosis of a sleep disorder during the appeal period, and service connection cannot be granted based on this lack of evidence.,The Veteran's headaches have not been diagnosed as a current condition, thus preventing service connection from being established.
- Claimed conditions
- tinnitus, sleep disorder, headaches
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 26, 2018
- Citation
- 18145285
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 18145285.
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.
- Partly granted
The Board granted service connection for asthma and remanded claims for insomnia and sleep apnea. Other conditions were denied.
- Dismissed
The Veteran withdrew the appeals for service connection for bilateral pes planus, obstructive sleep apnea, bilateral hearing loss, tinnitus, and chronic obstructive pulmonary disease (COPD).
- Partly granted
The Board granted service connection for headaches and increased ratings for left shoulder rotator cuff tear, right shoulder rotator cuff tear, hypertension, and left and right leg restless leg syndrome. The Board denied a compensable rating for bilateral hearing loss and an initial rating in excess of 70 percent for posttraumatic stress disorder.
- Remanded (sent back)
The Board remands the claim for service connection for tinnitus to correct a duty to assist error, as the Veteran's lay statements regarding onset and continuity of symptoms were not adequately considered in the previous decision.
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