The Veteran's PTSD is currently rated at 70 percent, the maximum schedular rating.,Bilateral hearing loss was initially rated as noncompensable prior to July 31, 2019 and subsequently increased to 30 percent since that date.,Tinnitus has a current rating of 10 percent.,Diabetes mellitus type II is currently rated at 10 percent.,The Veteran's left thigh scar does not meet the criteria for an initial compensable disability rating.,Issues related to PTSD, bilateral hearing loss, tinnitus, diabetes, and the left thigh scar are being remanded.
The deciding factor: The evidence did not demonstrate total occupational and social impairment associated with a higher PTSD rating. The Veteran's symptoms were consistent with a 70 percent rating.,There was no indication of bilateral hearing loss requiring treatment other than a restricted diet, thus preventing a higher rating for diabetes mellitus type II.,Tinnitus does not warrant a rating in excess of the current 10 percent due to lack of additional criteria met.,The Veteran's left thigh scar did not meet the criteria for an initial compensable disability rating as it only had one scar without instability or pain.
- Claimed conditions
- Post-Traumatic Stress Disorder (PTSD), Bilateral Hearing Loss, Tinnitus, Diabetes Mellitus Type II, Left Thigh Scar
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 28, 2020
- Citation
- 20007024
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.
- Granted
The Board granted service connection for bilateral hearing loss and tinnitus, finding that the Veteran's conditions are related to in-service noise exposure.
- Denied
The Board denied the veteran's claims for a compensable rating for bilateral hearing loss, an initial rating in excess of 50 percent for PTSD, entitlement to TDIU, and SMC based on housebound status.
- Partly granted
The Board granted an effective date of May 17, 2019, for a 70 percent disability rating for PTSD but denied earlier effective dates for service connection for bilateral hearing loss and tinnitus.
- Partly granted
The Board denied an initial increased rating for diabetes mellitus type II and remanded the claims for service connection for obstructive sleep apnea, right shoulder strain with acromioclavicular joint osteoarthritis and tendinitis, cervical spine spondylosis, left knee degenerative arthritis, right knee degenerative arthritis, and thoracolumbar scoliosis and lumbar spine degenerative changes.
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