The Veteran's claims for effective dates prior to August 21, 2012, February 19, 2014, and February 19, 2014 are denied.,The Veteran's claim for an initial compensable rating for a left hip surgical scar is remanded. The claim for a rating in excess of 10 percent for tinnitus is also remanded.,No effective date prior to the dates granted is warranted as there was no indication of intent to file claims before those dates.
The deciding factor: The Veteran did not provide sufficient evidence indicating an intent to file a claim or request for service connection prior to the dates awarded, and thus, the earlier requested effective dates are denied.,There is insufficient evidence showing that the Veteran had symptoms of tinnitus or hearing loss prior to February 19, 2014. The claims for these conditions are therefore not granted with an earlier effective date.,The initial compensable rating claim and the request for a higher rating for tinnitus were remanded as there was no evidence indicating that the Veteran had symptoms of these conditions before the dates awarded.
- Claimed conditions
- left hip surgical scar, right foot calluses and pain, left ear hearing loss, tinnitus
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 9, 2019
- Citation
- 19177791
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The appeal for a compensable rating for left ear hearing loss, service connection for right ear hearing loss, and bilateral vision condition was dismissed. Service connection for hypertension, congestive heart failure, and coronary artery disease was denied.
- 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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