The Veteran's claim for an increased disability evaluation for tinnitus was denied, as the maximum schedular rating available (10%) is already assigned.,The effective date for service connection of tinnitus was granted on June 9, 2014. The Veteran's initial claim for hearing loss in October 1975 was finally denied in February 1976 and reopened with the grant of service connection for left ear hearing loss on June 9, 2014.
The deciding factor: The Veteran did not provide sufficient new and material evidence to reopen his previously denied claim for service connection of tinnitus or left ear hearing loss.
- Claimed conditions
- tinnitus, left ear hearing loss
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 15, 2020
- Citation
- 20003824
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The appeal for a compensable rating for left ear hearing loss, service connection for right ear hearing loss, and bilateral vision condition was dismissed. Service connection for hypertension, congestive heart failure, and coronary artery disease was denied.
- 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.
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