The Veteran's claim for a rating in excess of 10 percent for tinnitus is denied.,The Veteran's claim for a rating in excess of 70 percent for PTSD, to include alcohol dependence and cognitive impairment, is denied.,The Veteran's claim for an effective date earlier than July 9, 2009 for the award of TDIU is denied.,The Veteran's claim for an effective date earlier than July 9, 2009 for the award of basic eligibility for DEA under Chapter 35 is denied.
The deciding factor: The current schedular ratings are found to be adequate as there is no evidence of symptoms that would warrant a higher rating.,PTSD does not meet the criteria for a 100 percent rating due to occupational and social impairment with deficiencies in most areas, such as work, school, family relations, judgment, thinking, or mood.,Service connection was not in effect prior to July 9, 2009, making it impossible to award an earlier effective date for TDIU.,Basic eligibility for Chapter 35 DEA benefits requires a permanent total service-connected disability. There is no legal basis for the assignment of such a rating prior to July 9, 2009.
- Claimed conditions
- tinnitus, posttraumatic stress disorder (PTSD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 1, 2019
- Citation
- 19124072
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.
- Partly granted
The Veteran was granted a 70 percent initial disability rating for PTSD effective December 2, 2021, but the claim for an increased rating in excess of 70 percent was denied. The appeal also included claims for service connection and ratings for various conditions, some of which were granted while others were remanded.
- 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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