The Board has denied the Veteran's claims for an effective date prior to April 28, 2015 for the grant of service connection for bilateral hearing loss and tinnitus on grounds other than CUE. The claim related to allegations of CUE in the February 1980 rating decision is remanded.
The deciding factor: The Board found that the February 1980 denial did not become final due to the Veteran's service treatment records being associated with the claims file at the time, and thus denied the earlier effective date claim. The CUE claim related to allegations of a shift in hearing acuity between entry and separation from military service is remanded for further adjudication.
- Claimed conditions
- bilateral hearing loss, tinnitus
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 4, 2019
- Citation
- 19177056
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
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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