The Veteran's tinnitus is currently rated as 10 percent disabling, effective September 12, 2012. The claim for an increased rating must be denied based on a lack of entitlement under the law.,The Veteran filed his claim of entitlement to service connection for headaches more than one year after his separation from active service and years following the first complaints and/or treatment for headaches. An effective date prior to August 24, 2017, is not warranted as the claim was received in August 24, 2017.,The Veteran's erectile dysfunction, anxiety and mood disorder, and TBI disabilities are currently rated based on their severity under the applicable rating criteria. The claims for increased ratings remain in controversy as less than the maximum benefit available was awarded.,The Veteran has not been afforded a VA examination to determine if he has an eye disability (macular holes) due to his military service. A remand is required to schedule such an examination.,The Veteran's PTSD claim remains pending as there is conflicting evidence of record regarding whether the Veteran currently has PTSD. A new VA examination is needed to clarify this issue.,The Veteran's right shoulder disability, bilateral knee disabilities, cervical strain, and left lower lumbar radiculopathy are rated based on their severity under the applicable rating criteria. The claims for increased ratings remain in controversy as less than the maximum benefit available was awarded.,The Veteran's lumbosacral DDD, right calcaneal spurring, and left lower lumbar radiculopathy disabilities have not been evaluated since April 2019. A new VA examination is needed to evaluate these conditions based on their current severity.,The Veteran's headaches are currently rated as 50 percent disabling under DC 8100. The claim for an evaluation in excess of 50 percent remains pending and a remand is required to schedule the Veteran for a VA examination to assess his functional impairments, if any.,The Veteran has not been afforded a VA examination to determine whether he should be granted earlier effective dates prior to August 24, 2017. A new VA examination is needed to evaluate these issues based on their current severity.,The Veteran's nonservice-connected pension claim remains pending as the remanded issues could significantly impact this decision.

The deciding factor: There is no legal basis for an increased rating in excess of 10 percent for tinnitus under the applicable rating criteria. The maximum schedular evaluation has already been assigned.,The effective date for service connection for headaches must be determined based on when entitlement arose or when the claim was filed, whichever is later. In this case, the earliest possible effective date would be August 24, 2017, as that is when the Veteran first formally submitted a claim for service connection.,The Veteran's erectile dysfunction, anxiety and mood disorder, and TBI disabilities are rated based on their severity under the applicable rating criteria. The claims for increased ratings remain in controversy as less than the maximum benefit available was awarded.,The Veteran has not been afforded a VA examination to determine if he has an eye disability (macular holes) due to his military service. A remand is required to schedule such an examination.,The Veteran's PTSD claim remains pending as there is conflicting evidence of record regarding whether the Veteran currently has PTSD. A new VA examination is needed to clarify this issue.,The Veteran's right shoulder disability, bilateral knee disabilities, cervical strain, and left lower lumbar radiculopathy are rated based on their severity under the applicable rating criteria. The claims for increased ratings remain in controversy as less than the maximum benefit available was awarded.,The Veteran's lumbosacral DDD, right calcaneal spurring, and left lower lumbar radiculopathy disabilities have not been evaluated since April 2019. A new VA examination is needed to evaluate these conditions based on their current severity.,The Veteran's headaches are currently rated as 50 percent disabling under DC 8100. The claim for an evaluation in excess of 50 percent remains pending and a remand is required to schedule the Veteran for a VA examination to assess his functional impairments, if any.,The Veteran has not been afforded a VA examination to determine whether he should be granted earlier effective dates prior to August 24, 2017. A new VA examination is needed to evaluate these issues based on their current severity.,The Veteran's nonservice-connected pension claim remains pending as the remanded issues could significantly impact this decision.

Claimed conditions

tinnitus, headaches, eye disability (macular holes), posttraumatic stress disorder (PTSD), erectile dysfunction, anxiety and mood disorder, traumatic brain injury (TBI), right shoulder supraspinatus tendonitis and impingement (right shoulder disability), bilateral hearing loss, cervical strain, lumbosacral degenerative disc disease (DDD) (lumbar spine disability), left lower lumbar radiculopathy, headaches (for extraschedular consideration)

How they argued it

Direct service connection

Exposure basis

None

Rating assigned

None in this decision

Decision date

February 4, 2021

Citation

21006434

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 21006434.