The Board denied the appeal for an earlier effective date for service connection for right ear otitis media, finding no clear and unmistakable error in previous rating decisions.
The deciding factor: The February 1966 and October 1983 rating decisions were based on correct facts and law as they existed at the time, and there was no evidence to contradict the reported history of chronic otitis media or the service branch's determination that this condition preexisted entry into active duty.
- Claimed conditions
- right ear otitis media
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 5, 2009
- Citation
- 0904047
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.
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