The Veteran's tinnitus is currently rated at the maximum allowable under Diagnostic Code 6260, resulting in a denial of an increased rating.,The Veteran's bilateral hearing loss disability has been rated at 30 percent since February 2015 and no higher ratings are supported by the evidence.,The RO reduced the Veteran’s post-traumatic headaches from 10 to 0 percent effective February 27, 2015 without proper notice or a proposed rating reduction, making this reduction void ab initio. The disability rating of 10 percent is restored as of February 27, 2015.,The Veteran's disfigurement from a right occipital scar and tender right occipital scar are both rated at the maximum allowable under their respective diagnostic codes (38 C.F.R. § 4.118).,The effective date for the grant of TDIU is granted as March 7, 2007.
The deciding factor: The Veteran's tinnitus does not meet the criteria for a higher rating under Diagnostic Code 6260.,The Veteran’s bilateral hearing loss disability has been rated at 30 percent since February 2015 and no higher ratings are supported by the evidence of record.,The reduction in the rating for post-traumatic headaches was not properly notified or proposed, making this reduction void ab initio. The disability rating is restored to 10 percent effective February 27, 2015.,The Veteran's disfigurement from a right occipital scar and tender right occipital scar do not meet the criteria for higher ratings under Diagnostic Code 7800 or 7804 respectively.,The effective date for TDIU is granted as March 7, 2007.
- 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
Veterans Law Judge
Decisions by this judge: 2,451 · Granted: 22% (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 19143177.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The Veteran's appeal for service connection of bilateral hearing loss and a ruptured right ear drum was dismissed due to the death of the Veteran.
- Denied
The Board found that the Veteran's bilateral hearing loss was noted upon entry into active duty service and did not increase in severity during service. Therefore, it denied his claim for service connection.
- Remanded (sent back)
The Board has remanded the claims for service connection for hearing loss, tinnitus, and an acquired psychiatric disorder due to incomplete medical records and need for further examination.
- Denied
The Board denied the Veteran's claims for service connection for tinnitus, arthritis, and memory loss. The decision found no evidence linking these conditions to his military service.
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