The Board has determined that the Veteran's claims for an effective date prior to February 10, 2005 for service connection are denied as there is no evidence of a claim being received within one year of discharge from active duty.
The deciding factor: The Veteran did not submit a formal or informal claim for service connection prior to the receipt of his VA Form 21-526 on October 27, 2003, which was more than one year after his discharge in September 2003. The effective date assigned is therefore February 10, 2005.
- Claimed conditions
- hearing loss, left ear, tinnitus, status post left knee anterior cruciate ligament (ACL) reconstruction with left knee scarring
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- October 27, 2009
- Citation
- 0940829
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. Search VA.gov for the original decision (opens in a new tab) using citation 0940829.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Remanded (sent back)
The Board has remanded the claims for service connection for hearing loss, tinnitus, and an acquired psychiatric disorder due to incomplete medical records and need for further examination.
- Whole decision: Denied
The Board denied the Veteran's claims for service connection for tinnitus, arthritis, and memory loss. The decision found no evidence linking these conditions to his military service.
- Whole decision: Granted
The Veteran's tinnitus is granted as service connected. The issues of foot disability and cardiovascular disorder are remanded for additional development.
- Whole decision: Granted
The Board has granted service connection for tinnitus, finding that it is at least as likely as not that the Veteran experienced tinnitus during his active duty service.
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