The Veteran's claims for increased ratings and effective dates have been denied. The Board found that the current schedular evaluations adequately reflect his hearing loss and tinnitus disabilities, and no referral to extraschedular evaluation was required.
The deciding factor: The VA examinations provided sufficient evidence to determine that the Veteran’s bilateral hearing loss and tinnitus did not meet or approximate the criteria for a compensable rating under the applicable diagnostic codes. The Board found that the current schedular evaluations adequately reflected his disabilities, thus no referral to extraschedular evaluation was required.
- Claimed conditions
- bilateral hearing loss, tinnitus, posttraumatic stress disorder (PTSD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- June 27, 2019
- Citation
- 19150315
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.
- Partly granted
The Veteran was granted a 70 percent initial disability rating for PTSD effective December 2, 2021, but the claim for an increased rating in excess of 70 percent was denied. The appeal also included claims for service connection and ratings for various conditions, some of which were granted while others were remanded.
- 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.
- 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 tinnitus, cubital tunnel syndrome, right plantar fasciitis, and a right knee disability due to the lack of evidence supporting a nexus between these conditions and the Veteran's military service.
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