The Veteran's claim for bilateral hearing loss is denied as there is no evidence of a current disability.,Tinnitus has been rated at the maximum schedular evaluation since January 10, 2013. The Veteran does not have an exceptional case where the available schedular evaluations are inadequate.
The deciding factor: The Veteran's puretone threshold for frequencies of 500 to 4000 Hertz was not 40 decibels or greater, and speech recognition scores were at least 94 percent in both ears. Therefore, the Veteran does not meet the criteria for a current disability under VA regulations.,The maximum schedular rating for tinnitus is already assigned.
- Claimed conditions
- bilateral hearing loss, tinnitus, diabetes bilateral nuclear sclerotic (NSC) cataracts and right eye posterior subcapsular (PSC) cataract, erectile dysfunction secondary to diabetes mellitus type II, right upper extremity peripheral neuropathy secondary to diabetes mellitus type II, left upper extremity peripheral neuropathy secondary to diabetes mellitus type II, left lower extremity peripheral neuropathy secondary to diabetes mellitus type II
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 26, 2019
- Citation
- 19165837
Veterans Law Judge
Decisions by this judge: 2,272 · Granted: 31% (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 19165837.
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'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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