The Board has determined that there is no legal entitlement to an effective date earlier than January 24, 2000 for the grant of service connection of hearing loss and chloracne. The veteran's claims were denied initially in 1996 due to lack of evidence of chronic disability subject to service connection. He attempted to reopen his claims multiple times but did not provide new and material evidence within one year of each denial. In February 2000, the RO received inquiries from Senators Smith and Wyden regarding the veteran's claims, which were construed as a claim to reopen. The effective date was set at January 24, 2000, based on these inquiries.
The deciding factor: The effective date for service connection cannot be earlier than the date of receipt of the new claim or the date entitlement arose, whichever is later.
- Claimed conditions
- hearing loss, chloracne
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 19, 2006
- Citation
- 0639461
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 0639461.
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 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.
- Denied
The Board denied the veteran's claims for service connection, higher ratings, and earlier effective dates, as well as dismissed his claim for a TDIU.
- Dismissed
The appeal for service connection for a left wrist condition was dismissed due to concurrent election of higher-level review. The claims for an initial compensable rating for bilateral pes planus, and for service connection for hearing loss, neck strain, and dermatitis were denied.
- Partly granted
The Board dismissed the appeal for service connection for anxiety disorder and denied service connection for hearing loss. The claims for service connection for GERD, right ankle limitations, and sinusitis were remanded for further development.
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