The Veteran's claim for service connection for bilateral tinnitus was denied as there is no evidence of recurrent tinnitus during active service and the current condition is not otherwise etiologically related to such service.,The Veteran's claim for an increased evaluation for TBI with subjective speech impairment was denied as his residuals do not meet the criteria for a noncompensable rating under DC 8045.,The Veteran's claim for an increased evaluation for PTSD was denied as there is no evidence of occupational and social impairment due to mild or transient symptoms during periods of significant stress.
The deciding factor: There is no competent medical evidence linking the current bilateral tinnitus to service. The Veteran did not report any in-service complaints or treatment related to tinnitus, and a VA examiner concluded that his current tinnitus is not related to service.,The Veteran's TBI residuals do not meet the criteria for a noncompensable rating under DC 8045 as he does not have cognitive impairment. The VA examiner found no evidence of cognitive impairment in the Veteran’s case, and thus did not find any basis for an increased evaluation.,There is no evidence of occupational and social impairment due to mild or transient symptoms during periods of significant stress related to PTSD. The Veteran's subjective symptoms are attributed to other service-connected disabilities.
- Claimed conditions
- Bilateral tinnitus, Traumatic brain injury (TBI) with subjective speech impairment, Posttraumatic stress disorder (PTSD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 21, 2019
- Citation
- 19121076
Veterans Law Judge
Decisions by this judge: 2,456 · Granted: 23% (granted or partly granted, in the vetted decisions on this site)
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. Look up the original decision on VA.gov (opens in a new tab) using citation 19121076.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran is granted special monthly compensation (SMC) at the (o) rate and SMC at the (r)(2) rate, effective January 19, 2025. The decision finds that the Veteran's service-connected conditions warrant these awards due to his need for aid and attendance.
- Remanded (sent back)
The Board has identified a contradiction in the AOJ's determinations regarding the Veteran's need for aid and assistance, which requires clarification. The remanded issues are entitlement to SMC based on the need for regular aid and attendance of another and on the basis of statutory housebound status.
- Granted
The Veteran's service-connected acquired psychiatric disability, ischemic cardiomyopathy, and other disabilities have rendered him unable to secure and follow a substantially gainful occupation since December 29, 2020. Effective from that date, the Veteran is granted TDIU and SMC housebound.
- Dismissed
The Veteran's appeals for increased rating and earlier effective date for PTSD have been dismissed due to her withdrawal of the appeal.
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