The Veteran's claim for service connection for tinnitus was denied as there is no evidence of a chronic disability in service or continuity of symptomatology. His lumbar spine disability has been rated at 20% and the Board found that it does not meet criteria for higher ratings under any applicable diagnostic codes.
The deciding factor: The Veteran's tinnitus claim failed due to lack of medical evidence linking his current symptoms to service or a service-connected condition, and there was no chronicity of symptomatology within one year post-service. His lumbar spine disability did not meet the criteria for ankylosis or unfavorable ankylosis, nor did it result in incapacitating episodes as required for higher ratings.
- Claimed conditions
- tinnitus, lumbar spine disability, thoracic spine disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- January 23, 2019
- Citation
- 19104947
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.
- Denied
The Board denied service connection for various conditions, including prostate cancer and related disabilities, urinary incontinence, sleep apnea, hypertension, varicose veins, lumbar spine disability, hip arthritis, shoulder arthritis, ankle arthritis, knee strain, knee replacement, and hand arthritis. The only condition granted was a 10 percent rating for a fracture of the right proximal first metacarpal.
- 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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