The Veteran's petition for re-adjudication of his claim of entitlement to service connection for tinnitus is denied.,Entitlement to an effective date earlier than December 17, 2018 for the grant of service connection for PTSD is denied.,Entitlement to a compensable evaluation for bilateral hearing loss is denied.
The deciding factor: The Veteran has not submitted new and relevant evidence to warrant re-adjudication of his claim of entitlement to service connection for tinnitus. The Veteran's report in the February 2019 VA examination regarding the onset of his tinnitus and his statements regarding the etiology of tinnitus are duplicative of statements previously before agency adjudicators.,VA received the Veteran’s original claim for entitlement to service connection for PTSD on December 17, 2018. The correct effective date for the award of compensation based on an original claim is the date of receipt of the claim or the date entitlement arose, whichever is later. Here, VA received the Veteran’s claim on December 17, 2018.,The Board concludes that a higher rating is not warranted for the Veteran's service-connected bilateral hearing loss.
- Claimed conditions
- tinnitus, posttraumatic stress disorder (PTSD), bilateral hearing loss
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 22, 2019
- Citation
- A19002175
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.
- Partly granted
The Veteran was granted a 70 percent initial disability rating for PTSD effective December 2, 2021, but the claim for an increased rating in excess of 70 percent was denied. The appeal also included claims for service connection and ratings for various conditions, some of which were granted while others were remanded.
- Remanded (sent back)
The Board remands the claim for service connection for tinnitus to correct a duty to assist error, as the Veteran's lay statements regarding onset and continuity of symptoms were not adequately considered in the previous decision.
- Dismissed
The Veteran withdrew the appeals for service connection for bilateral pes planus, obstructive sleep apnea, bilateral hearing loss, tinnitus, and chronic obstructive pulmonary disease (COPD).
- Denied
The Board denied service connection for tinnitus, cubital tunnel syndrome, right plantar fasciitis, and a right knee disability due to the lack of evidence supporting a nexus between these conditions and the Veteran's military service.
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