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Partly granted

The Veteran's tinnitus is currently rated at 10 percent, the maximum schedular rating. The Board denied a higher rating as there was no legal basis for such.,The Veteran has service connection for migraine headaches due to his service-connected PTSD and tinnitus.,The Veteran’s right foot disability, right leg disability, left leg disability, left foot disability, sleep disability, and sleep apnea are all remanded due to a duty to assist error in the original decision. The Veteran is advised of alternate forms of evidence he can submit.,The Veteran's right foot disability, right leg disability, left leg disability, left foot disability, sleep disability, and sleep apnea are all remanded due to a duty to assist error in the original decision. The Veteran is advised of alternate forms of evidence he can submit.,The Veteran's right foot disability, right leg disability, left leg disability, left foot disability, sleep disability, and sleep apnea are all remanded due to a duty to assist error in the original decision. The Veteran is advised of alternate forms of evidence he can submit.,The Veteran's right foot disability, right leg disability, left leg disability, left foot disability, sleep disability, and sleep apnea are all remanded due to a duty to assist error in the original decision. The Veteran is advised of alternate forms of evidence he can submit.,The Veteran's right foot disability, right leg disability, left leg disability, left foot disability, sleep disability, and sleep apnea are all remanded due to a duty to assist error in the original decision. The Veteran is advised of alternate forms of evidence he can submit.,The Veteran's right foot disability, right leg disability, left leg disability, left foot disability, sleep disability, and sleep apnea are all remanded due to a duty to assist error in the original decision. The Veteran is advised of alternate forms of evidence he can submit.

The deciding factor: There was no legal basis for a higher rating as tinnitus is specifically listed in the rating schedule and cannot be rated by analogy under a different DC.,The migraine headache disability is proximately due to service-connected PTSD and tinnitus, meeting the criteria for secondary service connection.,Fire-related records were found. The Veteran was not advised of alternate forms of evidence he could submit (lay statements).,Fire-related records were found. The Veteran was not advised of alternate forms of evidence he could submit (lay statements).,Fire-related records were found. The Veteran was not advised of alternate forms of evidence he could submit (lay statements).,Fire-related records were found. The Veteran was not advised of alternate forms of evidence he could submit (lay statements).,Fire-related records were found. The Veteran was not advised of alternate forms of evidence he could submit (lay statements).

Claimed conditions
tinnitus, migraine headache disability, right foot disability, right leg disability, left leg disability, left foot disability, sleep disability, sleep apnea
How they argued it
Not specified
Exposure basis
None
Rating assigned
None in this decision
Decision date
April 28, 2020
Citation
20029968

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 20029968.

What this means for you

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