The Board denied an earlier effective date for the award of service connection for vertigo, finding that the Veteran did not file a formal or informal claim for this condition prior to April 11, 2013.
The deciding factor: The Veteran's claim for service connection for vertigo was implicitly denied in the January 2008 rating decision which granted service connection for a perforated ear drum and its associated residuals. The Veteran did not appeal within one year of this decision.
- Claimed conditions
- Vertigo, Perforated ear drum
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 4, 2019
- Citation
- 19183233
Veterans Law Judge
Decisions by this judge: 1,757 · Granted: 23% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 19183233.
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 has remanded the claims of entitlement to service connection for vertigo and obstructive sleep apnea (OSA) due to a pre-decisional duty to assist error. The Veteran's hearing loss is not rated higher than 10 percent.
- Remanded (sent back)
The Veteran's claims for service connection are remanded due to the need for further development, including verification of in-service stressors and toxic exposure assessments. The Board also requests a VA examination to address the etiology of his diagnosed mental health conditions and vertigo.
- Granted
The Veteran's claim for a separate rating of 30 percent for vertigo is granted, while the claim for an increased rating for tinnitus remains denied.
- Remanded (sent back)
The Veteran's claims for service connection of chronic fatigue syndrome and vertigo are being remanded due to duty-to-assist errors. The PFB claim is denied as the disability does not meet the criteria for a compensable rating.
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