The Veteran's claim for a higher rating for tinnitus is denied as the disability already has the maximum permissible schedular rating.,Service connection for hearing loss is denied because there is no current evidence of a ratable hearing loss disability according to VA standards.,An effective date earlier than December 6, 2011 for the grant of service connection for tinnitus is denied as the Veteran did not submit a claim until that date.,The Veteran's right-hand condition is currently rated at the maximum allowed and no higher rating is warranted based on current symptomatology.,Service connection for a left-hand condition, mental condition, headaches, or hepatitis is denied due to lack of evidence supporting these conditions as service-connected.,Service connection for headaches is denied because there is insufficient evidence to support this claim.,Service connection for hepatitis is denied because there is insufficient evidence to support this claim.
The deciding factor: The Veteran's tinnitus already has the maximum permissible schedular rating, and additional manifestations are not covered by the schedular criteria. The Veteran does not have any extra-schedular entitlement.,There is no current evidence of a ratable hearing loss disability according to VA standards, meaning there is no present-day hearing loss disability to relate or attribute to service.,The effective date for the grant of service connection for tinnitus cannot be earlier than December 6, 2011 as this was when the Veteran first submitted a claim for this condition.,The right-hand condition is currently rated at the maximum allowed and no higher rating is warranted based on current symptomatology. The Veteran's post-surgical scar of the right hand is considered duplicative of his status-post bone cyst excision.,There is insufficient evidence to support service connection for a left-hand condition, mental condition, headaches, or hepatitis as these conditions are not shown by competent and credible evidence to exist at any time during the pendency of this appeal.,Service connection for headaches is denied because there is insufficient evidence to support this claim.,Service connection for hepatitis is denied because there is insufficient evidence to support this claim.
- Claimed conditions
- tinnitus, hearing loss, status post bone cyst excision (right hand condition), left-hand condition, mental condition, headaches, hepatitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 28, 2020
- Citation
- 20069889
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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