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
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.
- 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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