The Board has granted effective dates of June 30, 2006 for the grant of service connection for tinnitus and bilateral hearing loss on the basis of clear and unmistakable error (CUE), and May 11, 2011 for PTSD. The earlier effective date claim for PTSD was denied.
The deciding factor: The March 2007 rating decision denying service connection for PTSD was not clearly and unmistakably erroneous as there was no current diagnosis of PTSD at the time of the denial.
- Claimed conditions
- tinnitus, bilateral hearing loss, post-traumatic stress disorder (PTSD)
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 3, 2019
- Citation
- 19100163
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 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.
- Granted
The Board granted an effective date of April 25, 2022, for the award of service connection for tinnitus and a 100 percent initial rating for PTSD with alcohol use disorder.
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