The Veteran's appeal for a rating in excess of 10 percent for tinnitus was denied. The Board also remanded the claims for service connection for non-epileptic seizure associated with residuals of traumatic brain injury (TBI), residuals of TBI, tension headaches, posttraumatic stress disorder (PTSD) with depressive disorder not otherwise specified and alcohol abuse, and gastroesophageal reflux disease (GERD).
The deciding factor: The Veteran's tinnitus was already assigned the maximum schedular evaluation under DC 6260.
- Claimed conditions
- tinnitus, non-epileptic seizure associated with residuals of traumatic brain injury (TBI), residuals of TBI, tension headaches, posttraumatic stress disorder (PTSD) with depressive disorder not otherwise specified and alcohol abuse, gastroesophageal reflux disease (GERD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 9, 2019
- Citation
- 19101819
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.
- Dismissed
The Veteran withdrew his appeals for service connection for gastroesophageal reflux disease (GERD) and pernicious anemia, and the Board dismissed both appeals.
- 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.
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