Service connection for tinnitus is granted.,An effective date earlier than August 15, 2012, for the grant of service connection for bilateral hearing loss is denied.,New and material evidence having been received, the petition to reopen the claim of service connection for a cervical spine disability and degenerative changes of the lumbar spine is granted.,Entitlement to service connection for sleep apnea, erectile dysfunction, and TDIU is remanded.,Entitlement to an increased rating for lumbosacral strain is remanded.,Entitlement to service connection for a right leg disability is remanded.,Entitlement to service connection for headaches is remanded.,Entitlement to service connection for bronchitis is remanded.
The deciding factor: The evidence shows a current tinnitus disability and established in-service noise exposure, which supports the grant of service connection.,Service connection was granted on August 15, 2012, effective from that date.,New evidence received since the March 2002 rating decision raises the reasonable possibility of substantiating the Veteran’s claim for cervical spine and lumbar spine disabilities.,The claims are remanded as new evidence does not establish service connection due to lack of clear and unmistakable error in the prior denial.,The lumbosacral strain is rated at 10 percent, effective from August 15, 2012.,The right leg disability and headaches are remanded as there is insufficient evidence for service connection.,The bronchitis claim is remanded due to lack of clear and unmistakable error in the prior denial.
- Claimed conditions
- tinnitus, bilateral hearing loss, cervical spine disability, degenerative changes of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- November 26, 2019
- Citation
- 19189235
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 19189235.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
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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