The Board denied the Veteran's claims for earlier effective dates for service connection due to lack of clear evidence to rebut the presumption of regularity that applies to VA's date-stamping of incoming mail, and thus, the earliest possible effective date is June 1, 2011.
The deciding factor: There was no clear evidence presented to show irregularity in VA’s record-keeping regarding the receipt of the Veteran's claims form on June 1, 2011.
- Claimed conditions
- posttraumatic stress disorder (PSTD), allergic rhinitis with deviated septum, chronic pruritis, degenerative disc disease L4-5 and L5-S1, headaches, left ankle sprain, right ankle sprain, radiculopathy of the left lower extremity, radiculopathy of the right lower extremity, left knee strain, right knee strain, sleep apnea, tinnitus, vertigo, traumatic brain injury
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 26, 2018
- Citation
- 18138112
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 18138112.
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.
- Granted
The Board has determined that the Veteran's headaches are at least as likely as not caused by his service-connected traumatic brain injury, and thus grants service connection for this condition.
- 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.
- 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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