The Board denied the Veteran's petition to reopen his service connection claim for diabetes mellitus, denied service connection for heart disability and bilateral hearing loss, and granted an initial rating of 70 percent for PTSD. The appeal is dismissed as there was no justiciable case or controversy.
The deciding factor: The evidence did not meet the criteria to reopen the previously denied service connection claims for diabetes mellitus, heart disability, and bilateral hearing loss. For PTSD, the Board found that the Veteran's symptoms did not warrant a higher rating than 70 percent due to occupational and social impairment with deficiencies in most areas.
- Claimed conditions
- diabetes mellitus, heart disability, bilateral hearing loss, posttraumatic stress disorder (PTSD)
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- 70%
- Decision date
- December 22, 2020
- Citation
- 20080630
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.
- Partly granted
The Veteran was granted a 70 percent initial disability rating for PTSD effective December 2, 2021, but the claim for an increased rating in excess of 70 percent was denied. The appeal also included claims for service connection and ratings for various conditions, some of which were granted while others were remanded.
- 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).
- Granted
The Board granted an effective date of October 17, 2022, for the grant of service connection for PTSD.
- Partly granted
The Board granted service connection for headaches and increased ratings for left shoulder rotator cuff tear, right shoulder rotator cuff tear, hypertension, and left and right leg restless leg syndrome. The Board denied a compensable rating for bilateral hearing loss and an initial rating in excess of 70 percent for posttraumatic stress disorder.
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