The Veteran's claims for an earlier effective date and increased rating for tinnitus, as well as his claim for a compensable rating for bilateral hearing loss are denied. The Board has also remanded the issues of service connection for a respiratory disability and chest boils due to presumed exposure to herbicide agents in Vietnam.,The Veteran's TDIU claim is also remanded because it may be significantly impacted by the outcome of his other claims, particularly those concerning his hearing loss and respiratory disabilities.
The deciding factor: The effective date for service connection cannot be earlier than May 15, 2018 as there was no indication that a claim for these conditions was filed within one year of separation from service. The Veteran's intent to file claims for hearing loss and tinnitus was not received until May 15, 2018.,The Veteran's tinnitus already has the maximum permissible schedular rating (10%) and there are no additional manifestations or effects that would warrant a higher rating under any other diagnostic code. The Board cannot rate this disability under any other DC as it is rated under DC 6260, which specifically addresses recurrent tinnitus.,The Veteran's hearing loss claim requires an additional VA examination to obtain valid audiological results due to severe cerumen impaction noted in the August 2018 VA audiological examination. The Board cannot make a fully informed decision without these updated findings.,VA and private treatment records do not discuss the etiology of the Veteran's respiratory disability or chest boils, including whether related to his presumed exposure to herbicide agents while serving in Vietnam. Medical comment is needed to determine if these disabilities are at least as likely as not attributable to service.
- Claimed conditions
- Tinnitus, Hearing Loss
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 20, 2021
- Citation
- 21030920
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 21030920.
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.
- Denied
The Board denied service connection for bilateral hearing loss and tinnitus, finding that the Veteran's current conditions are not related to his military service.
- Denied
The Board denied the veteran's claims for a higher rating for PTSD and dismissed his appeals regarding increased ratings for tinnitus and a right hand disability due to lack of timely filing of Notice of Disagreement.
- Denied
The Board has denied the Veteran's claims for service connection for various conditions, including GAD, MDD, bruxism, migraines/headaches, tinnitus, hip pain, iliotibial band syndrome, and leg stress fractures. The evidence does not support current diagnoses of these conditions during the appeal period.
- Granted
The Veteran's service-connected disabilities, including bilateral pes planus with hammer toes, hallux valgus and degenerative arthritis, sleep apnea, bilateral hearing loss, tinnitus, and bilateral kidney cysts, rendered him unable to secure or follow gainful employment. The Board granted the TDIU based on these conditions.
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