The appeal regarding entitlement to a higher rating for TBI is dismissed. A rating in excess of 10 percent for tinnitus is denied. The remaining issues are remanded.
The deciding factor: The Veteran's claim for a higher rating for TBI was resolved by the October 2018 VA rating decision, which ended the separate compensable rating for TBI and combined it with PTSD at 50 percent disabling effective from August 1, 2011. The appeal is dismissed as there remains no case or controversy.
- Claimed conditions
- Traumatic Brain Injury (TBI), Posttraumatic Stress Disorder (PTSD) with depressive disorder and alcohol abuse, Bilateral Hearing Loss, Right Knee Degenerative Joint Disease (DJD), Left Knee DJD (other than instability), Degenerative Arthritis of the Lumbar Spine, Left Shoulder Disability with Scar
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 16, 2023
- Citation
- 23010046
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 23010046.
What this means for you
A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot. It says more about procedure than about whether a claim like this can win.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's bilateral hearing loss is granted as service-connected. The claims for alcohol abuse and psychiatric disorder are remanded for additional development, including a VA examination to determine the nature and etiology of these conditions.
- Remanded (sent back)
The Board has decided to remand the case due to a need for a new VA examination to assess the current severity of the Veteran's bilateral hearing loss. The issue remains under direct service connection theory.
- Denied
The Veteran's hearing loss was rated at 30 percent, the highest non-compensable rating available. The Board found that his hearing loss did not warrant a higher rating based on VA examinations and medical records.
- Denied
The Board denied the Veteran's claim for service connection for bilateral hearing loss, finding that there was no evidence of a nexus between his current hearing loss and his active service. The Board noted that while he had complaints of earaches in service, these did not indicate a current disability.
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