The Board has found that the veteran did not file a formal or informal claim for tinnitus prior to June 11, 2001. The effective date of service connection for tinnitus is therefore denied.,The Board has also found that the veteran did not file a formal or informal claim for shell fragment wounds to his right buttock, left index finger, and left forearm prior to June 11, 2001. The effective dates of service connection for these conditions are therefore denied.
The deciding factor: The veteran's claims for tinnitus and the shell fragment wounds were not filed until after June 11, 2001, which is when he submitted a formal claim to reopen his previously denied claims. The effective dates of service connection cannot be earlier than the date of receipt of such claims.,The veteran reported sustaining shell fragment wounds in various locations during service but did not mention the right buttock until after June 11, 2001. As he failed to file a formal or informal claim for these conditions prior to that date, the effective dates are denied.
- Claimed conditions
- Tinnitus, Shell fragment wound to right buttock, Shell fragment wound to left index finger, Shell fragment wound to left forearm
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 22, 2008
- Citation
- 0844095
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 0844095.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied service connection for bilateral hearing loss and tinnitus, finding that the Veteran's current conditions are not related to his military service.
- Denied
The Board denied the veteran's claims for a higher rating for PTSD and dismissed his appeals regarding increased ratings for tinnitus and a right hand disability due to lack of timely filing of Notice of Disagreement.
- Denied
The Board has denied the Veteran's claims for service connection for various conditions, including GAD, MDD, bruxism, migraines/headaches, tinnitus, hip pain, iliotibial band syndrome, and leg stress fractures. The evidence does not support current diagnoses of these conditions during the appeal period.
- Granted
The Veteran's service-connected disabilities, including bilateral pes planus with hammer toes, hallux valgus and degenerative arthritis, sleep apnea, bilateral hearing loss, tinnitus, and bilateral kidney cysts, rendered him unable to secure or follow gainful employment. The Board granted the TDIU based on these conditions.
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