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Denied

The Veteran's claim for an earlier effective date for the grant of service connection for Meniere's disease with right ear hearing loss and tinnitus was denied as there is no evidence that she filed a formal or informal claim prior to December 2007, which is when her increased rating claim for hearing loss was received. The earliest possible effective date would be December 13, 2006, but the RO assigned February 26, 2007 as it was within one year of that date and indicated in a private treatment record that she had lost essentially all her hearing from the right ear due to Meniere's disease.

The deciding factor: The effective date for an award of service connection cannot be earlier than the date of receipt of claim unless there is clear and unmistakable error (CUE) in a prior decision. In this case, no CUE was found, and the Veteran did not file a formal or informal claim for Meniere's disease prior to December 2007.

Claimed conditions
Meniere's disease, right ear hearing loss, tinnitus
How they argued it
Direct service connection
Exposure basis
None
Rating assigned
None in this decision
Decision date
May 21, 2014
Citation
1422991

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 1422991.

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