The Veteran's initial rating for tinnitus is denied as he is already receiving 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 incurred or aggravated by service.,Diabetic neuropathy of the right lower extremity and left lower extremity are also denied as there is no evidence linking these conditions to service.,The Veteran's seizure disorder claim is denied based on a lack of diagnosed condition during his appeal period.,Service connection for migraine headaches prior to March 22, 2016 is denied. A rating in excess of 30 percent since that date is also denied.,Service connection for a lumbar spine disability, right knee disability, and left knee disability are all denied.,TDIU due to service-connected disabilities is denied.
The deciding factor: The Veteran's tinnitus has been rated at the maximum schedular disability rating of 10 percent since it was initially granted in December 2012. No higher rating can be assigned as there are no additional symptoms or conditions that would warrant a higher evaluation.,There is insufficient evidence to establish service connection for bilateral hearing loss and diabetes mellitus, type II. The Veteran's separation examination did not show any signs of these conditions during his military service, and the onset of diabetes was many years after discharge.,The Veteran does not have diagnosed diabetic neuropathy in either lower extremity. There is no evidence linking these conditions to service.,There is insufficient evidence to establish a current diagnosis of seizure disorder. The Veteran denied having this condition during VA examinations conducted during his appeal period.,Service connection for migraine headaches prior to March 22, 2016 and any subsequent rating in excess of 30 percent since that date are denied as there is no medical evidence linking these conditions to service.,There is insufficient evidence to establish a current diagnosis or link between the Veteran's lumbar spine disability, right knee disability, and left knee disability to his military service.,TDIU due to service-connected disabilities is denied as there is no established service connection for any of the disabilities listed.
- 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 assigned
- None in this decision
- Decision date
- January 4, 2019
- Citation
- 19100961
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- 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.
- 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).
- Denied
The Board denied service connection for tinnitus, cubital tunnel syndrome, right plantar fasciitis, and a right knee disability due to the lack of evidence supporting a nexus between these conditions and the Veteran's military service.
- Granted
The Board granted an effective date of April 25, 2022, for the award of service connection for tinnitus and a 100 percent initial rating for PTSD with alcohol use disorder.
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