A rating of more than 10 percent for tinnitus is denied.,An earlier effective date of January 4, 2017, for the increased rating to 20 percent for bilateral hearing loss is granted.,The Veteran's application to reopen a claim of service connection for chronic PTSD with anxiety, depression, and insomnia, and for major depressive disorder is granted.,Service connection for recurrent major depressive disorder is granted.,The Veteran's application to reopen a claim of service connection for chronic headaches is granted.,Service connection for migraine headaches is granted.,Service connection for obstructive sleep apnea (OSA) is granted.,The Veteran's application to reopen a claim of service connection for a low back condition is granted.,The Veteran's application to reopen a claim of service connection for sinusitis is denied.,The Veteran's application to reopen a claim of service connection for a chronic enlarged prostate is granted.,The Veteran's application to reopen a claim of service connection for chronic erectile dysfunction is granted.,The Veteran's application to reopen a claim of service connection for chronic kidney disease is denied.

The deciding factor: There is no exceptional disability picture that the schedular rating for tinnitus is inadequate. The Veteran has been compensated for his symptoms and does not argue for an increased rating beyond the maximum schedular rating.,The effective date of an increased rating is the earliest date which it is factually ascertainable based on all evidence of record that an increase in disability had occurred, as the March 2017 rating decision was not final and the appeal period began on January 4, 2017. The RO improperly granted the 20 percent rating to the date of the Intent to File a Claim.,New and material evidence sufficient to reopen the Veteran's claim of service connection for an acquired psychiatric disorder has been presented. The additional documentation submitted since the December 2015 rating decision raises a reasonable possibility of substantiating the Veteran's claim of service connection for an acquired psychiatric disorder, specifically recurrent major depressive disorder.,The criteria for service connection for recurrent major depressive disorder have been met as the Veteran's service-connected tinnitus and now-service-connected depression cause and aggravate his migraine headaches. The additional documentation submitted since the December 2015 rating decision raises a reasonable possibility of substantiating the claim.,New and material evidence sufficient to reopen the Veteran's claim of service connection for a headache disorder has been presented. The additional documentation submitted since the December 2015 rating decision raises a reasonable possibility of substantiating the claim.,The criteria for service connection for migraine headaches have been met as the Veteran's service-connected tinnitus and now-service-connected depression cause and aggravate his migraine headaches. The additional documentation submitted since the December 2015 rating decision raises a reasonable possibility of substantiating the claim.,The criteria for service connection for OSA have been met as the Veteran's service-connected right hip and right and left knee disorders, and now-service-connected depression, caused and aggravated his OSA. The additional documentation submitted since the December 2015 rating decision raises a reasonable possibility of substantiating the claim.,New and material evidence sufficient to reopen the Veteran's claim of service connection for a low back condition has been presented. The additional documentation submitted since the December 2015 rating decision raises a reasonable possibility of substantiating the claim.,The criteria for service connection for sinusitis have not been met as the additional documentation submitted since the December 2015 rating decision does not raise a reasonable possibility of substantiating the claim. The Veteran's application to reopen a claim of service connection for sinusitis is denied.,New and material evidence sufficient to reopen the Veteran's claim of service connection for a prostate disorder has been presented. The additional documentation submitted since the December 2015 rating decision raises a reasonable possibility of substantiating the claim.,The criteria for service connection for erectile dysfunction have not been met as the additional documentation submitted since the December 2015 rating decision does not raise a reasonable possibility of substantiating the claim. The Veteran's application to reopen a claim of service connection for erectile dysfunction is denied.

Claimed conditions

tinnitus, bilateral hearing loss, recurrent major depressive disorder, migraine headaches, obstructive sleep apnea (OSA), low back condition, sinusitis, prostate disorder, erectile dysfunction

How they argued it

Not specified

Exposure basis

None

Rating assigned

None in this decision

Decision date

October 13, 2021

Citation

21063272

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 21063272.