The Board has dismissed the appellant's appeals on all issues except for the issue of an earlier effective date for service connection for tinnitus. The claim was denied as there is no evidence showing that the Veteran raised a claim within one year of his discharge from service, and the RO did not have notice of any pertinent evidence prior to July 10, 2008.
The deciding factor: The appellant's initial claim for service connection for tinnitus was denied in February 1980. The denial was confirmed and continued in December 1980, but no appeal was filed. The RO did not have notice of any pertinent evidence prior to July 10, 2008.
- Claimed conditions
- bilateral hearing loss disability, tinnitus disability, migraine headaches disability, right shoulder arthritis, left shoulder arthritis, lumbar spine disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- December 15, 2011
- Citation
- 1145825
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. Read the original VA decision (opens in a new tab) using citation 1145825.
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 granted service connection for tinnitus but has remanded the issue of service connection for bilateral hearing loss disability due to inadequate examination and reasoning.
- Whole decision: Remanded (sent back)
The Board has remanded the Veteran's claims for service connection for various hip and lower extremity disorders, including as secondary to a lumbar spine disorder. The case is being returned to the AOJ for further action.
- Whole decision: Remanded (sent back)
The Board has remanded the Veteran's claims for service connection due to errors in obtaining relevant medical records and authorization for private treatment providers. The issues include heart disorder, OSA, sinusitis, lumbar spine disorder, and right knee disorder all related to Agent Orange exposure.
- Whole decision: Granted
The Board has granted the Veteran's request to readjudicate his claims for service connection for a lumbar spine disorder and obstructive sleep apnea, but denied his claim for right knee disorder. The Board also remanded the cases of left leg disorder and lumbar spine disorder.
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.