The Veteran's tinnitus is currently rated at 10 percent, the maximum allowed under VA regulations.,The Veteran's bilateral hearing loss disability has been rated at 30 percent since February 2015. The RO found that a higher rating was not warranted based on the evidence of record.,The RO reduced the Veteran’s rating for post-traumatic headaches from 10 percent to noncompensable effective February 27, 2015 without providing notice or proposing the reduction. This decision is now void ab initio and the 10 percent rating has been restored.,The Veteran's disfigurement from a right occipital scar and tender right occipital scar have both been rated at 30 percent since February 2015, with no higher ratings being warranted based on the evidence of record. The RO reduced these ratings to noncompensable effective February 27, 2015 without providing notice or proposing the reduction. This decision is now void ab initio and the original ratings have been restored.,The Veteran's TDIU was granted effective March 7, 2007, but an earlier effective date of April 30, 2016 has been assigned.

The deciding factor: The evidence does not support a higher rating for tinnitus as the maximum schedular rating is already in place.,The Veteran's hearing loss disability did not meet or exceed the criteria for an exceptional pattern of hearing impairment and thus, no higher rating was warranted based on the February 2015 VA audiological examination results.,The evidence does not support a higher rating for post-traumatic headaches as there is no indication that the condition has worsened since the last evaluation in February 2015. The reduction to noncompensable effective February 27, 2015 was improper due to lack of notice and proposal.,The evidence does not support a higher rating for the Veteran's scars as there is no indication that they have four or more characteristics of disfigurement listed under Diagnostic Code 7800. The reduction to noncompensable effective February 27, 2015 was improper due to lack of notice and proposal.,The evidence does not support a higher rating for the Veteran's TDIU as there is no indication that his service-connected disabilities have worsened since March 7, 2007. The earlier effective date of April 30, 2016 has been assigned.

Claimed conditions

tinnitus, bilateral hearing loss, disfigurement from a right occipital scar, a tender right occipital scar

How they argued it

Direct service connection

Exposure basis

None

Rating assigned

30%

Decision date

June 4, 2019

Citation

19143177