The Veteran's claim for an earlier effective date for a separate compensable rating for radiculopathy of the right upper extremity was denied.,The Veteran's claims for earlier effective dates for service connection of degenerative disc disease of the cervical spine, bilateral hearing loss, and tinnitus were dismissed as they are not assignable due to lack of timely appeal or submission of new evidence.,The claim for new and material evidence for prostatitis was denied.
The deciding factor: There is no evidence showing a factually ascertainable increase in disability within the one-year period preceding the date of receipt of the claims, thus the effective dates cannot be earlier than the date of receipt of the claims.,The Veteran did not timely appeal or submit new evidence to support his claims for earlier effective dates. The claims are therefore dismissed as they do not meet the criteria for an earlier effective date under VA regulations.,There is no new and material evidence presented to reopen the claim for prostatitis.
- Claimed conditions
- radiculopathy of the right upper extremity, degenerative disc disease of the cervical spine, bilateral hearing loss, tinnitus, prostatitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 31, 2017
- Citation
- 1730291
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 1730291.
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.
- Dismissed
The Veteran's appeal for service connection of bilateral hearing loss and a ruptured right ear drum was dismissed due to the death of the Veteran.
- Denied
The Board found that the Veteran's bilateral hearing loss was noted upon entry into active duty service and did not increase in severity during service. Therefore, it denied his claim for service connection.
- 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.
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