The Board has determined that the effective date for the grant of service connection for tinnitus should be January 23, 1979. The Veteran's initial claim included a request for service connection for hearing impairment, which was interpreted as including a claim for tinnitus.
The deciding factor: The June 1979 rating decision did not explicitly deny the Veteran's claim for tinnitus, and his January 23, 1979 claim was never adjudicated. The Board found that it would not be clear to a reasonable person that the June 1979 decision implicitly denied service connection for tinnitus.
- Claimed conditions
- tinnitus
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 26, 2020
- Citation
- 20069039
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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