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 assigned
- None in this 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. Look up the original decision on VA.gov (opens in a new tab) using citation 1145825.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- 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.
- 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.
- 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.
- 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.
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