The Veteran's initial schedular rating for tinnitus is denied as it is the highest available.,An extraschedular rating for tinnitus is also denied due to the maximum schedular rating being assigned.,Service connection for hearing loss is not granted because the Veteran does not have hearing impairment for VA purposes.,Effective from November 8, 2012, a 40 percent rating for lumbosacral DDD is granted. The Veteran's radiculopathy of the right lower extremity is rated at 20 percent.
The deciding factor: The criteria for a higher schedular or extraschedular rating for tinnitus are not met as it already has the highest available rating.,The Veteran does not have hearing impairment for VA purposes, thus service connection for hearing loss cannot be granted.,For lumbosacral DDD, the evidence shows forward flexion of 35 degrees and other limitations. The April 2013 VA examination is considered factually ascertainable since the claim was filed.
- Claimed conditions
- tinnitus, lumbosacral degenerative disc disease (DDD), radiculopathy of the right lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- August 1, 2019
- Citation
- 19160017
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 19160017.
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.
- 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.
- Granted
The Board granted an effective date of April 25, 2022, for the award of service connection for tinnitus and a 100 percent initial rating for PTSD with alcohol use disorder.
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