The Board denied service connection for bilateral hearing loss, an effective date prior to March 30, 2018, for the award of service connection for tinnitus, and a rating in excess of 10 percent for tinnitus. The Board also denied a compensable rating prior September 13, 2023, and a rating in excess of 10 percent on and after September 13, 2023, for maxillary sinusitis.
The deciding factor: The evidence did not show that the Veteran had hearing loss meeting the criteria set forth in 38 C.F.R. § 3.385 during active service or at any time thereafter, and there was no competent medical evidence to support a diagnosis of bilateral hearing loss. The effective date for the award of service connection for tinnitus could not be earlier than April 12, 2019, as that was when the Veteran formally filed his claim.
- Claimed conditions
- bilateral hearing loss, tinnitus, maxillary sinusitis, recurrent right knee disability (patellofemoral syndrome), recurrent left knee disability (patellofemoral syndrome), recurrent right ankle disability, recurrent left ankle disability, recurrent right foot disability (pes planus, calcaneal bone spur), recurrent left foot disability (pes planus, calcaneal bone spur), hypertension, recurrent right lower extremity vascular disability (pulmonary embolism, blood clot residuals), recurrent left lower extremity vascular disability (pulmonary embolism, blood clot residuals), recurrent heart disability, recurrent skin disability (pseudofolliculitis barbae, acne), recurrent headache disability, recurrent vestibular disability (vertigo)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 28, 2025
- Citation
- A25038713
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board granted an effective date of October 21, 2021, for the grant of service connection for hypertension.
- Dismissed
The appeal for a compensable rating for left ear hearing loss, service connection for right ear hearing loss, and bilateral vision condition was dismissed. Service connection for hypertension, congestive heart failure, and coronary artery disease was denied.
- Denied
The Board denied service connection for various conditions, including prostate cancer and related disabilities, urinary incontinence, sleep apnea, hypertension, varicose veins, lumbar spine disability, hip arthritis, shoulder arthritis, ankle arthritis, knee strain, knee replacement, and hand arthritis. The only condition granted was a 10 percent rating for a fracture of the right proximal first metacarpal.
- Remanded (sent back)
The Board remands the claim for service connection for tinnitus to correct a duty to assist error, as the Veteran's lay statements regarding onset and continuity of symptoms were not adequately considered in the previous decision.
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