The veteran's appeal regarding the April 1976 rating decision was denied as there is no clear and unmistakable error in the assigned evaluations for his service-connected conditions.
The deciding factor: The evidence of record at the time of the April 1976 rating decision did not support a higher evaluation for any of the veteran's service-connected disabilities, including tinnitus. The RO applied the correct criteria and facts as known to them at that time.
- Claimed conditions
- Cervical spine arthritis, Residuals of a fracture of the right acromioclavicular joint, Residuals of a fracture of the right distal tibia and fibula, Bilateral sensorineural hearing loss
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 8, 2001
- Citation
- 0115769
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 0115769.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The appeal of the deferred decision regarding entitlement to compensation for headaches is dismissed. Service connection for sleep apnea and bilateral sensorineural hearing loss is granted.
- Granted
The Veteran's SMC was granted at the intermediate level between 38 U.S.C. § 1114(m) and (n) due to additional disabilities including peripheral neuropathies, tinnitus, hearing loss, and lymphoma.
- Granted
The Board has granted service connection for cervical spine arthritis, bilateral knee degenerative arthritis, and lumbar degenerative disc disease. The Veteran's conditions are deemed to have been incurred during his active military service.
- Denied
The Board denied an earlier effective date for the grant of service connection for bilateral sensorineural hearing loss, finding that the Veteran's most recent claim was filed on May 23, 2017.
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