The Veteran's claim for an effective date earlier than February 4, 2012 for a 100% evaluation for anxiety disorder is denied as the earliest ascertainable date of increased symptomatology was within one year of her initial claim.,The Veteran's claims for service connection of bilateral hearing loss and tinnitus are denied as they were not received until after February 16, 2010, which is the earliest possible effective date based on the evidence of record.
The deciding factor: There was no clear and unmistakable error in prior rating decisions that would allow for an earlier effective date.,The Veteran did not submit a formal or informal claim for service connection of bilateral hearing loss and tinnitus until after February 16, 2010. The earliest possible effective dates are based on the evidence of record.
- Claimed conditions
- Anxiety Disorder, Bilateral Hearing Loss, Tinnitus
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 100%
- Decision date
- January 29, 2016
- Citation
- 1602828
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 1602828.
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.
- 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.
- Granted
The Veteran's bilateral hearing loss is granted as service-connected. The claims for alcohol abuse and psychiatric disorder are remanded for additional development, including a VA examination to determine the nature and etiology of these conditions.
- Denied
The Veteran's initial ratings for anxiety disorder and TBI were denied as the evidence did not meet the criteria for a higher rating.
- Remanded (sent back)
The Board has decided to remand the case due to a need for a new VA examination to assess the current severity of the Veteran's bilateral hearing loss. The issue remains under direct service connection theory.
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