The Board finds CUE in the January 2006 rating decision denying service connection for tinnitus. The effective date is set at June 1, 2005. Service connection for tender and painful scars on the right upper extremity is granted. An increased evaluation to 30 percent for migraine headaches is granted.
The deciding factor: The January 2006 rating decision incorrectly applied VA regulations by not considering the Veteran's statements under 38 U.S.C.A. § 1154(b) and her exposure to acoustic trauma during combat in Iraq, resulting in CUE. The right upper extremity disability is service-connected due to a motor vehicle accident shortly before discharge from service. Migraine headaches are rated at 30 percent based on the frequency of prostrating attacks.
- Claimed conditions
- tinnitus, right upper extremity disability, migraine headaches
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- October 21, 2014
- Citation
- 1446495
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 1446495.
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.
- Remanded (sent back)
The Board has remanded the claims for service connection for hearing loss, tinnitus, and an acquired psychiatric disorder due to incomplete medical records and need for further examination.
- Denied
The Board denied the Veteran's claims for service connection for tinnitus, arthritis, and memory loss. The decision found no evidence linking these conditions to his military service.
- Remanded (sent back)
The Board has remanded the claims for bilateral hearing loss, migraine headaches, and PTSD due to additional development of records and examination.
- Granted
The Veteran's tinnitus is granted as service connected. The issues of foot disability and cardiovascular disorder are remanded for additional development.
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