The Veteran's appeal for a total disability rating based on individual unemployability (TDIU) has been dismissed as the benefits sought have already been granted.,The propriety of the reduced disability rating assigned for bilateral hearing loss from 40 percent to 20 percent, effective August 28, 2014, has also been dismissed. The Veteran's 40 percent rating for bilateral hearing loss was restored.,For the period prior to March 30, 2018, the Veteran’s PTSD did not meet the criteria for a rating in excess of 70 percent.,The Veteran's appeal for a rating in excess of 40 percent for bilateral hearing loss has been dismissed. The weight of the evidence does not support a higher rating.
The deciding factor: The Veteran was previously granted TDIU and his 40 percent rating for bilateral hearing loss was restored, effectively resolving these issues.,The Veteran's PTSD did not meet the criteria for a 100 percent rating due to lack of total social impairment. The evidence showed occupational and social impairment with reduced reliability and productivity.,The Veteran’s hearing loss did not warrant a higher than 40 percent rating as it was found to be at worst Level VI in the right ear and Level VII in the left ear, which corresponds to a 40 percent evaluation under VA regulations.,There is no evidence of exceptional patterns of hearing impairment that would justify a higher rating for bilateral hearing loss.
- Claimed conditions
- Posttraumatic Stress Disorder (PTSD), Bilateral Hearing Loss
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 26, 2019
- Citation
- 19189307
Veterans Law Judge
Decisions by this judge: 1,071 · Granted: 26% (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 19189307.
What this means for you
A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot. It says more about procedure than about whether a claim like this can win.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's claim for service connection for PTSD is granted as the evidence shows a current diagnosis of PTSD, an in-service stressor, and a medical link between the two.
- Denied
The Veteran's PTSD has been rated at 50% since March 23, 2004. The Board found that a higher rating is not warranted prior to February 15, 2005 due to the severity of his symptoms and their impact on his social and occupational functioning.
- Denied
The Board denied the Veteran's claims for service connection for PTSD and any acquired psychiatric disorder, finding that there was no evidence to support a link between his current mental health conditions and his military service.
- Granted
The Veteran's PTSD resulted in occupational and social impairment with reduced reliability and productivity, warranting a 70% disability rating. The Veteran also met the criteria for a TDIU due to his service-connected disabilities preventing him from securing or following a substantially gainful occupation.
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