The Veteran's tinnitus claim is denied as it is secondary to his nonservice-connected hearing loss.,Service connection for a bilateral hip disorder, right knee disorder, and sleep disorder are denied due to lack of current disabilities.,The effective date for the grant of service connection for left knee and tibia disability is denied as there was no pending claim for hearing loss during the appeal period.
The deciding factor: Service connection cannot be established because the Veteran's tinnitus did not begin in service, and it is secondary to his nonservice-connected hearing loss.,The Veteran does not have current bilateral hip, right knee, or sleep disabilities. The preponderance of evidence is against these claims for service connection.,There was no pending claim for hearing loss during the appeal period, which affected the effective date assignment.
- Claimed conditions
- tinnitus, bilateral hip disorder, right knee disorder, sleep disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 18, 2019
- Citation
- 19130471
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.
- 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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