The Board denied the veteran's claims for earlier effective dates for awards of service connection and compensation for tinnitus, finding no legal basis for an earlier effective date than October 15, 1997.
The deciding factor: There was no document that can be construed as a claim for a TDIU prior to October 1997, the date of the veteran's claim. The provisions of section 3.400(o)(2) are not applicable in this case because the claims files contain no evidence that placed the RO on constructive or actual notice that the veteran was entitled to a TDIU (based on service-connected disability) prior to October 1997.
- Claimed conditions
- tinnitus
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 23, 2002
- Citation
- 0204974
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 0204974.
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.
- Remanded (sent back)
The Board has remanded the claims for service connection for hearing loss, tinnitus, and an acquired psychiatric disorder due to incomplete medical records and need for further examination.
- Denied
The Board denied the Veteran's claims for service connection for tinnitus, arthritis, and memory loss. The decision found no evidence linking these conditions to his military service.
- Granted
The Veteran's tinnitus is granted as service connected. The issues of foot disability and cardiovascular disorder are remanded for additional development.
- Granted
The Board has granted service connection for tinnitus, finding that it is at least as likely as not that the Veteran experienced tinnitus during his active duty service.
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