The rating reduction from 50% to 30% for bilateral hearing loss was improper, and the 50% rating is restored. The Veteran's tinnitus claim remains at a 10% rating, frostbite residuals of left hand remain at 30%, and frostbite residuals of right hand also remain at 30%. The effective date for the tinnitus award cannot be earlier than September 2, 2005.
The deciding factor: The reduction in hearing loss rating was improper as there was no actual improvement in function under ordinary conditions of life and work. The Veteran's tinnitus claim remains at a 10% rating due to the maximum schedular rating already assigned. Frostbite residuals remain at 30% ratings as they are the highest available based on symptoms.
- Claimed conditions
- Bilateral Hearing Loss, Tinnitus, Frostbite Residuals of Left Hand, Frostbite Residuals of Right Hand
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- April 8, 2019
- Citation
- 19126874
Veterans Law Judge
Decisions by this judge: 880 · Granted: 26% (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 19126874.
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.
- Denied
The Board denied service connection for bilateral hearing loss and tinnitus, finding that the Veteran's current conditions are not related to his military service.
- Granted
The Veteran's bilateral hearing loss is granted as service-connected. The claims for alcohol abuse and psychiatric disorder are remanded for additional development, including a VA examination to determine the nature and etiology of these conditions.
- Remanded (sent back)
The Board has decided to remand the case due to a need for a new VA examination to assess the current severity of the Veteran's bilateral hearing loss. The issue remains under direct service connection theory.
- Denied
The Veteran's hearing loss was rated at 30 percent, the highest non-compensable rating available. The Board found that his hearing loss did not warrant a higher rating based on VA examinations and medical records.
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