The Veteran's claim for service connection for tinnitus was granted with an effective date of March 4, 2008 due to a finding of clear and unmistakable error in the July 2008 rating decision.
The deciding factor: The July 2008 rating decision failed to reopen the previously denied claim for service connection for tinnitus based on new evidence provided by VA treatment records linking the Veteran's tinnitus to military noise exposure, including explosions in Vietnam.
- Claimed conditions
- tinnitus
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- 0%
- Decision date
- April 8, 2019
- Citation
- 19126952
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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