The Veteran's tinnitus is not related to his service and was denied.,The Veteran's chronic labyrinthitis in the right ear (claimed as vertigo) is not related to his service and was denied.,The Veteran's erectile dysfunction disability does not warrant a compensable rating and was denied.,The Veteran's service-connected disabilities preclude him from securing substantially gainful employment and TDIU was granted.
The deciding factor: There is no competent evidence that the Veteran’s tinnitus began during service or is otherwise related to, or aggravated by, an in-service injury, event, or disease.,The Board places greater probative weight on the examiner's opinion and finds it less likely than not that the Veteran’s labyrinthitis began during active service or is otherwise related to an in-service injury, event, or disease.,The evidence does not reflect that the Veteran has had removal of half or more of his penis, or that glans have been removed, such that would warrant consideration under DC 7520 or 7521, respectively. Under Code 7522, a 20 percent rating is warranted for physical deformity of the penis with loss of erectile power is required.,The Veteran's service-connected disabilities (PTSD and prostate cancer) preclude him from securing substantially gainful employment.
- Claimed conditions
- tinnitus, chronic labyrinthitis in the right ear (claimed as vertigo), erectile dysfunction
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 14, 2019
- Citation
- 19186135
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
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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