The Veteran's claim for a 10 percent rating for residuals of a left ankle fracture was denied in May 1992, and the effective date assigned is October 17, 1991. The Board found that it is not factually ascertainable that the Veteran met the criteria for a 10 percent rating prior to March 24, 2009.,The Veteran's claim for service connection for tinnitus was denied in May 1987 and confirmed in May 1992 and May 1999. The Board found that it is not factually ascertainable that the Veteran met the criteria for a grant of service connection prior to March 24, 2009.
The deciding factor: The evidence does not show that the Veteran's disability more nearly approximated the criteria required for a 10 percent rating under the applicable DCs in the year prior to the receipt of his claim.
- Claimed conditions
- Residuals of a Left Ankle Fracture, Tinnitus
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 24, 2014
- Citation
- 1402999
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 1402999.
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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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