The Veteran's nerve damage of the hands and feet claim is denied. The tinnitus claim has been granted as service connected, with a finding of clear and unmistakable error in a previous rating decision. The cervical spine arthritis claim was reopened based on new evidence showing current disability, which is considered to be incurred during peacetime service. The prostate disability claim remains not diagnosed or service-connected.
The deciding factor: The January 1988 RO rating decision denying service connection for tinnitus was found to have been clearly and unmistakably erroneous due to the Veteran's history of treatment for tinnitus after a motor vehicle accident in service, which is considered to be incurred during service. The cervical spine arthritis claim was reopened based on new evidence showing current disability, combined with prior evidence of in-service cervical spine arthritis.
- Claimed conditions
- Nerve damage of hands and feet, Tinnitus, Cervical spine arthritis, Prostatitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 19, 2010
- Citation
- 1018501
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 1018501.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied service connection for bilateral hearing loss and tinnitus, finding that the Veteran's current conditions are not related to his military service.
- Denied
The Board denied the veteran's claims for a higher rating for PTSD and dismissed his appeals regarding increased ratings for tinnitus and a right hand disability due to lack of timely filing of Notice of Disagreement.
- Denied
The Board has denied the Veteran's claims for service connection for various conditions, including GAD, MDD, bruxism, migraines/headaches, tinnitus, hip pain, iliotibial band syndrome, and leg stress fractures. The evidence does not support current diagnoses of these conditions during the appeal period.
- Granted
The Veteran's service-connected disabilities, including bilateral pes planus with hammer toes, hallux valgus and degenerative arthritis, sleep apnea, bilateral hearing loss, tinnitus, and bilateral kidney cysts, rendered him unable to secure or follow gainful employment. The Board granted the TDIU based on these conditions.
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