The veteran's claims for higher initial evaluations and an earlier effective date for service connection were denied. The RO found that the evidence did not support reopening his previously denied claim for tinnitus, as no new and material evidence was submitted.
The deciding factor: The veteran's previous claim for tinnitus had been denied in January 1999, and he did not submit a timely appeal or provide any new and material evidence to reopen the claim. The RO granted service connection for tinnitus effective from October 20, 2003, but assigned a maximum evaluation of 10 percent.
- Claimed conditions
- neck disorder, hearing loss, right ear, tinea pedis, onychomycosis, urticaria and tinea corpus, left shoulder rotator cuff tear with secondary outlet impingement syndrome, low back strain, left ethmoid sinusitis, headaches
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- January 27, 2006
- Citation
- 0602355
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.
- Partly granted
The Board granted service connection for headaches and increased ratings for left shoulder rotator cuff tear, right shoulder rotator cuff tear, hypertension, and left and right leg restless leg syndrome. The Board denied a compensable rating for bilateral hearing loss and an initial rating in excess of 70 percent for posttraumatic stress disorder.
- Partly granted
The Board granted a 50 percent rating for posttraumatic stress disorder (PTSD) and denied increased ratings for right shoulder impingement syndrome, hearing loss, painful scar, patellofemoral pain syndromes of the knees, and other conditions.
- Remanded (sent back)
The Board remands the claim for an increased initial disability evaluation of headaches due to an inadequate VA examination.
- Granted
The Board granted service connection for multiple disabilities, including cervical spine and thoracolumbar spine disabilities, radiculopathies, a bladder disability, headaches, a left knee disability, an acquired psychiatric disorder, and bilateral conjunctivitis. The Board also granted entitlement to a total disability rating based on individual unemployability due to service-connected disability.
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