BVA Case 23-3526: Depression

at 32,398-405,and in a June 2020 decision,the Board denied a disability rating higher than 10% for tinnitus,R.

June 2023 Board Decision In the June 2023 decision on appeal,the Board denied a disability rating higher than 10% for tinnitus under Diagnostic Code (DC)6260,finding that the appellant was receiving the maximum schedular rating available under the DC.

The Board acknowledged that the veteran had reported balance problems but the Board found that private medical evidence showed his balance problems were central and unrelated to tinnitus.

The Board denied service connectionfor mild diverticulosis,a single polyp,and melanosis, acknowledging that the veteran had current diagnoses as shown in a November 2017 colonoscopy report,but findingthat the veteran's disabilities did not begin duringservice and were not otherwise related to service.

The Board noted that there was no mention of diverticulosis,polyps,or melanosis in the veteran's service records,and no polyps were noted in a 1994 colonoscopy report.

The Board explained that the RO was not obligated to obtain a nexus opinion on whether the veteran's current disabilities were related to service because there was no credible evidence prior to the rating decision on appeal indicating that the [v]eteran's diverticulosis,single polyp,or melanosis of the colon,may be associated with service.

The Board found that if the veteran 2 As the Secretary notes in his brief,VA provided another hearing loss and tinnitus examination in December 2022,but the Board found that the record closed after the March 2021 rating decision and explained how the veteran could obtain review of evidencesubmitted after that time.

The Board found the veteran not competent to provide a nexus opinion about the conditions because they were medically complex and he lacked medical training,and no medical opinion suggested that his disabilities were related to his active service.