The Veteran's bilateral hearing loss disability was rated at noncompensable level, as the VA examination revealed no worse than Level II hearing impairment in both ears.,The Veteran's tinnitus is currently rated at 10 percent and cannot be increased under the rating schedule. The Board found that there is no legal basis for an increase.
The deciding factor: The criteria for a compensable initial rating for bilateral hearing loss have not been met due to the Veteran’s hearing impairment levels.,The Veteran's tinnitus does not meet the exceptional pattern of hearing impairment, as defined by VA regulations. The current rating schedule is deemed adequate for rating purposes.
- Claimed conditions
- bilateral hearing loss, acquired psychiatric disorder (including PTSD and bipolar disorder)
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 11, 2019
- Citation
- 19145074
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.
- 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 multiple conditions, including bilateral hearing loss and various musculoskeletal issues, as well as an initial rating in excess of 0 percent for rhinitis. However, the Board granted a 70 percent rating for posttraumatic stress disorder (PTSD).
- Partly granted
The Veteran's tinnitus is granted, while fibromyalgia, internal or external hemorrhoids, bilateral hearing loss, and neuropathy are denied.
- Granted
The Board granted service connection for bilateral hearing loss, finding it at least as likely as not related to the Veteran's in-service noise exposure.
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