The Veteran's appeal for an evaluation in excess of 100 percent for major depressive disorder is dismissed as the Veteran withdrew his appeal.,The application to reopen a claim for service connection for bilateral hearing loss is granted, but the effective date prior to January 27, 2015 for increased assignment of 100 percent for major depressive disorder is denied.,The issue of entitlement to an evaluation in excess of 30 percent for sinus condition with epistaxis remains pending and remanded.
The deciding factor: The Veteran withdrew his appeal regarding the issue of entitlement to an increased rating for major depressive disorder.,Evidence received since the January 1998 rating decision is new and material, raising a reasonable possibility of substantiating the claim for service connection for bilateral hearing loss. However, the effective date prior to January 27, 2015 for the assignment of a 100 percent rating for major depressive disorder cannot be granted as it would not meet the criteria.,The sinusitis does not meet the criteria for an evaluation in excess of 30 percent due to lack of incapacitating episodes or near constant sinusitis.
- Claimed conditions
- Major Depressive Disorder, Bilateral Hearing Loss, Sinus Condition with Epistaxis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 10, 2019
- Citation
- 19178116
Veterans Law Judge
Decisions by this judge: 2,642 · Granted: 19% (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 19178116.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's bilateral hearing loss is granted as service-connected. The claims for alcohol abuse and psychiatric disorder are remanded for additional development, including a VA examination to determine the nature and etiology of these conditions.
- Granted
The Veteran's major depressive disorder is found to be caused by his service-connected low back and radiculopathy disabilities, which prevent him from doing enjoyable activities and daily living tasks.
- Remanded (sent back)
The Veteran's claims for an increased rating for PTSD and TDIU are being remanded due to the need for additional development, including a new VA examination.
- Remanded (sent back)
The Board has decided to remand the case due to a need for a new VA examination to assess the current severity of the Veteran's bilateral hearing loss. The issue remains under direct service connection theory.
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