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Denied

The Veteran's appeal for a compensable rating for bilateral hearing loss is denied.,The Veteran's appeal for an initial rating higher than 50 percent for PTSD is denied.,An effective date of March 26, 2011, for the assignment of a 50 percent rating for headaches is granted.,An initial rating of 100 percent for service-connected peripheral artery disease is granted.,An earlier effective date of June 10, 2011, for Dependents' Educational Assistance is granted.,An award of special monthly compensation (SMC) under 38 U.S.C. § 1114(s) effective June 10, 2011, is granted.,Earlier effective dates are remanded for service connection claims related to scars and tissue loss in the lower extremities.

The deciding factor: The Veteran's bilateral hearing impairment does not meet or approximate the criteria for a compensable rating under VA regulations. The average pure tone thresholds do not exceed 20 decibels in either ear, which corresponds to Level I on Table VI of the Rating Schedule.,PTSD results in occupational and social impairment with reduced reliability and productivity as evidenced by flattened affect, difficulty understanding complex commands, and impaired judgment. However, this does not meet or approximate the criteria for a 70 percent rating under Diagnostic Code 9434.,The Veteran's headaches are characterized by very frequent completely prostrating and prolonged attacks productive of severe economic inadaptability. He is already receiving the maximum schedular evaluation for his headaches.,Peripheral artery disease results in ischemic limb pain at rest with an ankle-brachial index (ABI) of 0.4 or less, meeting the criteria for a 100 percent rating under Diagnostic Code 7114.,Effective Dependents' Educational Assistance is granted as of June 10, 2011, based on the Veteran's permanent total service-connected disability status and additional service-connected disabilities rated at 60 percent or more.,SMC under 38 U.S.C. § 1114(s) effective June 10, 2011, is granted due to the Veteran's permanent total service-connected disability status.,Earlier effective dates are remanded as new evidence was not considered in the March 2019 rating decision.

Claimed conditions
Bilateral Hearing Loss, Posttraumatic Stress Disorder (PTSD)
How they argued it
Direct service connection
Exposure basis
None
Rating assigned
None in this decision
Decision date
June 4, 2024
Citation
A24028754

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 A24028754.

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