The Veteran's claim for service connection for reactive polycythemia was denied as the condition clearly and unmistakably existed prior to his service and did not worsen during service.,Service connection for bilateral hearing loss was granted with an effective date of May 14, 2016. The Veteran is seeking a prior effective date.,The claim for tinnitus was denied as there is no legal basis for a rating higher than the maximum schedular rating (10%).,Service connection for bilateral pes planus was granted with an effective date of May 14, 2016. The Veteran seeks an earlier effective date.,The claim for initial compensable disability ratings for both bilateral hearing loss and tinnitus were denied as there is no legal basis for a higher rating based on the schedular criteria.,The claim for initial compensable disability ratings for both bilateral hearing loss and tinnitus was denied as there is no legal basis for a higher rating based on the schedular criteria.

The deciding factor: Service connection cannot be granted because reactive polycythemia clearly and unmistakably existed prior to service and did not worsen during service.,The effective date of May 14, 2016 is the earliest date entitlement arose for bilateral hearing loss. The Veteran's claim does not meet the criteria for an earlier effective date.,There is no legal basis for a higher rating than 10% for tinnitus as it already represents the maximum schedular rating under Diagnostic Code 6260.,Service connection was granted with an effective date of May 14, 2016. The Veteran's claim does not meet the criteria for an earlier effective date.,The claims for initial compensable disability ratings were denied as there is no legal basis for a higher rating based on the schedular criteria.,The claims for initial compensable disability ratings were denied as there is no legal basis for a higher rating based on the schedular criteria.

Claimed conditions

{"condition_name":"Reactive Polycythemia"}, {"condition_name":"Bilateral Hearing Loss"}, {"condition_name":"Tinnitus"}

How they argued it

Direct service connection

Exposure basis

None

Rating assigned

None in this decision

Decision date

October 7, 2019

Citation

19177313