The Veteran's claim for service connection for Meniere's disease was reopened, and an earlier effective date of August 20, 2003, but no earlier, is warranted for the assignment of a 40 percent rating for Cogan's syndrome.
The deciding factor: The evidence received since the February 2003 decision relates to an unestablished fact necessary to substantiate the claim for service connection for Meniere's disease and raises a reasonable possibility of substantiating it. An August 20, 2003 VA optometry note reflects a factually ascertainable increase in the Veteran's eye disability.
- Claimed conditions
- Meniere's disease, Cogan's syndrome
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- February 10, 2009
- Citation
- 0904701
Veterans Law Judge
Decisions by this judge: 1,582 · Granted: 32% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 0904701.
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The Veteran's appeals for increased ratings in excess of 30 percent for peripheral vestibular disorders (Meniere's disease) and unspecified somatic symptom and related disorder have been dismissed due to the Veteran's withdrawal of the claims prior to a decision being made.
- Dismissed
The Board dismissed all appeals for service connection and increased rating claims due to untimely Notice of Disagreement submissions.
- Remanded (sent back)
The Board has decided to remand the case due to inadequate medical opinions regarding whether the Veteran's Meniere's disease is caused by or aggravated by his service-connected hearing loss and/or tinnitus.
- Remanded (sent back)
The appeal is remanded due to inadequate notice and the need for an adequate medical opinion regarding eligibility for PCAFC benefits. The claim will be evaluated under the correct statutory criteria set forth in 38 U.S.C. § 1720G(a).
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.