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
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.
- Granted
The Board granted service connection for Meniere's disease, resolving reasonable doubt in favor of the Veteran and finding that his Meniere's disease was caused by acoustic trauma during military service.
- Partly granted
The Board granted an initial 100 percent rating for psychiatric disability and Meniere's disease, but denied SMC based on the need for regular aid and attendance.
- Partly granted
The Board denied service connection for diabetes mellitus type II and denied earlier effective dates for headaches, but granted an earlier effective date of January 12, 2012, for prostate cancer-related conditions. The decision also remanded Meniere's disease and granted special monthly compensation at the housebound rate.
- Denied
The motion to revise the December 1983 Board decision based on clear and unmistakable error (CUE) was denied.
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.