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
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.
- Partly granted
The Board granted service connection for lumbar spine disability, as secondary to the Veteran's service-connected left foot crush injury, and sciatic radiculopathy of both lower extremities, also secondary to the newly service-connected lumbar spine disability. The Board denied an initial rating in excess of 70 percent for depressive disorder with unspecified anxiety disorder and a compensable rating for allergic rhinitis.
- Partly granted
The Board granted service connection for bilateral hearing loss and tinnitus, effective August 28, 2018, due to clear and unmistakable error in the October 2018 rating decision. Service connection was also granted for major depressive disorder (MDD) as secondary to the Veteran's service-connected bilateral hearing loss and tinnitus.
- Denied
The Board denied the Veteran's claim for a higher evaluation for service-connected vertigo, finding that the evidence did not support an evaluation in excess of 10 percent.
- Partly granted
The Board granted a 30 percent rating for vertigo and a 20 percent rating for bilateral hearing loss from August 30, 2023 to December 21, 2023, but denied a higher rating for bilateral hearing loss at any time during the appeal period.
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