The Veteran's tinnitus and bilateral hearing loss are already at their maximum ratings, so no increased ratings can be granted.,The Veteran's respiratory disorder claim was reopened but denied due to failure to attend a VA examination without good cause. The hypertension claim is denied as there is no evidence of herbicide exposure or other presumptive conditions.,There is insufficient objective medical evidence for the Veteran’s respiratory and hypertension claims, necessitating a VA examination which he failed to attend.
The deciding factor: The maximum schedular rating (10%) for tinnitus has already been assigned, so no increased rating can be granted.,The Veteran's hearing loss does not meet the criteria for a compensable rating based on his audiometric test results.,The VA examination was necessary to determine the etiology of the respiratory and hypertension disorders. The Veteran failed to attend without showing good cause.,There is no evidence of herbicide exposure or other presumptive conditions for hypertension, thus denying service connection.
- Claimed conditions
- tinnitus, bilateral hearing loss, respiratory disorder (claimed as poor breathing), hypertension
- How they argued it
- Not specified
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- August 29, 2019
- Citation
- 19166817
Veterans Law Judge
Decisions by this judge: 3,319 · Granted: 25% (granted or partly granted, in the indexed 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. Read the original VA decision (opens in a new tab) using citation 19166817.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: 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.
- Whole decision: Remanded (sent back)
The Board has remanded the claims for service connection for hypertension and peripheral neuropathy of the bilateral upper and lower extremities due to insufficient medical opinions regarding their etiology.
- Whole decision: 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.
- Whole decision: 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.
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