The Veteran's tinnitus is rated at the maximum schedular evaluation of 10 percent.,Service connection for left ear hearing loss has been granted, with a current rating of 10 percent.,Hypertension was not incurred in service and may not be presumed to have been incurred therein.,Low back disability, cervical spine disability, arthritis of the bilateral lower extremities, peripheral neuropathy of the right leg, peripheral neuropathy of the left leg, restless leg syndrome of the right leg, restless leg syndrome of the left leg, and a right hip disability were not related to service or presumed to have been incurred therein.,Service connection for an acquired psychiatric disability (major depressive disorder) was denied.,The Veteran's psoriasis of the feet, hands, head, neck and elbows is remanded.
The deciding factor: There is no legal basis for a schedular evaluation in excess of 10 percent for tinnitus as it has been rated at its maximum under Diagnostic Code 6260.,The Veteran's left ear hearing loss disability was found to be consistent with his in-service noise exposure and meets the criteria for service connection.,Hypertension was not incurred in or aggravated by service, nor may it be presumed to have been incurred therein.,Low back disability, cervical spine disability, arthritis of the bilateral lower extremities, peripheral neuropathy of the right leg, peripheral neuropathy of the left leg, restless leg syndrome of the right leg, restless leg syndrome of the left leg, and a right hip disability were not related to service or presumed to have been incurred therein.,Service connection for an acquired psychiatric disability (major depressive disorder) was denied as there is no evidence linking it to service.,The Veteran's psoriasis of the feet, hands, head, neck and elbows requires further development.
- Claimed conditions
- tinnitus, left ear hearing loss, hypertension, low back disability, cervical spine disability, arthritis of the bilateral lower extremities, peripheral neuropathy of the right leg, peripheral neuropathy of the left leg, restless leg syndrome of the right leg, restless leg syndrome of the left leg, right hip disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- June 12, 2019
- Citation
- 19145829
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.
- Granted
The Board granted an effective date of October 21, 2021, for the grant of service connection for hypertension.
- Dismissed
The appeal for a compensable rating for left ear hearing loss, service connection for right ear hearing loss, and bilateral vision condition was dismissed. Service connection for hypertension, congestive heart failure, and coronary artery disease was denied.
- Denied
The Board denied service connection for various conditions, including prostate cancer and related disabilities, urinary incontinence, sleep apnea, hypertension, varicose veins, lumbar spine disability, hip arthritis, shoulder arthritis, ankle arthritis, knee strain, knee replacement, and hand arthritis. The only condition granted was a 10 percent rating for a fracture of the right proximal first metacarpal.
- 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.
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