The Veteran's service-connected Generalized Anxiety Disorder with Panic Attacks alone has rendered him unable to secure or maintain gainful employment, and he is granted TDIU. Effective February 28, 2022, the Veteran also meets the criteria for SMC under 38 U.S.C. § 1114(s) due to his service-connected bilateral hearing loss.
The deciding factor: The combined rating of at least 70% from April 2014 and 90% from April 2020, coupled with the Veteran's psychiatric disability alone precluding him from securing or following substantially gainful employment, meets the criteria for TDIU. Effective February 28, 2022, his bilateral hearing loss disability rated at 60% also met the criteria for SMC under 38 U.S.C. § 1114(s).
- Claimed conditions
- Generalized Anxiety Disorder with Panic Attacks, Bilateral Hearing Loss, Chronic Bilateral Otitis Externa Post Traumatic Injury Status Post Right Ear Surgery, Posterior Right Ear Lobe Surgical Scar
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 70%
- Decision date
- March 14, 2024
- Citation
- 24012087
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 24012087.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
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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