The Veteran's initial disability rating for tinnitus is denied as he is already in receipt of the maximum schedular disability rating.,Service connection for bilateral hearing loss and diabetes mellitus, type II are both denied due to lack of evidence showing these conditions were present during service or within one year after discharge.,Diabetic neuropathy of the right lower extremity and left lower extremity is also denied as there is no evidence linking these conditions to service.,Service connection for a seizure disorder is denied based on the Veteran's denial of having such a condition.,The Veteran's claim for an initial disability rating in excess of 10 percent for migraine headaches prior to March 22, 2016 remains pending. Service connection for a lumbar spine disability and right/left knee disabilities are also pending. The Veteran's request for TDIU is also pending.
The deciding factor: The preponderance of the evidence does not support service connection for any of the conditions listed due to lack of in-service onset or link to service.
- Claimed conditions
- tinnitus, bilateral hearing loss, diabetes mellitus, type II, diabetic neuropathy of the right lower extremity, diabetic neuropathy of the left lower extremity, seizure disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- January 4, 2019
- Citation
- 19100961
Veterans Law Judge
Judge attribution: 2025 complete; earlier years partial.
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. Read the original VA decision (opens in a new tab) using citation 19100961.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: 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.
- Whole decision: 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.
- Whole decision: 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.
- Whole decision: 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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