The Veteran's initial compensable rating for bilateral hearing loss is denied.,The Veteran's initial rating in excess of 10 percent for recurrent tinnitus is denied.,The effective date prior to December 15, 2015 for service connection for bilateral hearing loss is denied.,The effective date prior to December 15, 2015 for the grant of service connection for recurrent tinnitus is denied.
The deciding factor: The Veteran's current audiometric findings do not warrant a compensable rating under Diagnostic Code 6100.,The Veteran's service-connected tinnitus has been assigned the maximum schedular rating available for tinnitus throughout the entirety of the appeal period.,There is no evidence in the record that the Veteran submitted a claim for service connection prior to December 15, 2015.,The effective date cannot be earlier than the date of receipt of the new (i.e., reopen) claim or the date entitlement arose.
- Claimed conditions
- bilateral hearing loss, recurrent tinnitus
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 22, 2019
- Citation
- 19104790
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 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 multiple conditions, including bilateral hearing loss and various musculoskeletal issues, as well as an initial rating in excess of 0 percent for rhinitis. However, the Board granted a 70 percent rating for posttraumatic stress disorder (PTSD).
- Partly granted
The Veteran's tinnitus is granted, while fibromyalgia, internal or external hemorrhoids, bilateral hearing loss, and neuropathy are denied.
- Granted
The Board granted service connection for bilateral hearing loss, finding it at least as likely as not related to the Veteran's in-service noise exposure.
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