The Veteran's claim for an earlier effective date for the grant of service connection for bilateral tinnitus is denied. The effective date assigned by the March 2006 rating decision, which is October 17, 2005, is affirmed.
The deciding factor: The effective date for the grant of service connection after a reopened claim is the date of receipt of the claim or the date on which entitlement arose, whichever is later. The Veteran's actual entitlement to service connection first arose when the record contained a medical nexus opinion linking his tinnitus to active service, which did not occur until the VA examination conducted in March 2006.
- Claimed conditions
- bilateral tinnitus
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 22, 2009
- Citation
- 0940087
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 0940087.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has remanded the claims for service connection for left toe amputation, triple bypass surgery, blockage in legs, and bilateral tinnitus due to procedural errors and the need for additional medical opinions regarding potential exposure to toxins during service.
- Granted
The Veteran's obstructive sleep apnea is granted as secondary to his service-connected major depressive disorder.,The Veteran's bilateral tinnitus is granted based on in-service noise exposure and current diagnosis.,The Veteran's Non-Hodgkin lymphoma is granted due to presumptive service connection for exposure at Fort McClellan, Alabama.,The Veteran's status post total shoulder replacement, to include degenerative arthritis, is granted as incurred in service.,The Veteran's scar, residual right shoulder surgery, is granted as it is related to his now service-connected status post total shoulder replacement.
- Granted
The Board has granted service connection for bilateral tinnitus and normocytic anemia as secondary to service-connected chronic hemorrhoids. The claim of entitlement to service connection for left inguinal hernia is remanded due to a pre-decisional duty to assist error.
- Granted
The Board has granted service connection for bilateral hearing loss and bilateral tinnitus, finding that the Veteran's conditions are causally related to his in-service hazardous noise exposure. The Board considered the Veteran's credible testimony regarding the onset of these conditions during service.
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