The Veteran's initial claim for tinnitus was denied, and a rating of 10% is the maximum available. The effective date for the award of service connection for tinnitus is November 23, 2016.,An earlier effective date prior to November 23, 2016, for the 30% rating for diverticulitis is denied as it was not factually ascertainable that an increase in disability occurred within one year of the claim. The Veteran's initial claim for bronchial asthma was granted with a noncompensable rating effective October 20, 1990.,An earlier effective date prior to November 23, 2016, for the 10% rating for bronchial asthma is denied as it was not factually ascertainable that an increase in disability occurred within one year of the claim. The Veteran's initial claim for bronchial asthma was granted with a noncompensable rating effective October 20, 1990.
The deciding factor: The criteria for an increased rating for tinnitus have not been met as it is not factually ascertainable that the disability increased in severity within one year of the claim.,The criteria for an earlier effective date for the 30% rating for diverticulitis are not met because there was no increase in disability within one year prior to the claim.,The criteria for an earlier effective date for the 10% rating for bronchial asthma are not met as it is not factually ascertainable that the disability increased in severity within one year of the claim.
- Claimed conditions
- tinnitus, diverticulitis, bronchial asthma
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 4, 2020
- Citation
- 20077170
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 20077170.
What this means for you
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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 for service connection for hearing loss, tinnitus, and an acquired psychiatric disorder due to incomplete medical records and need for further examination.
- Denied
The Board denied the Veteran's claims for service connection for tinnitus, arthritis, and memory loss. The decision found no evidence linking these conditions to his military service.
- Granted
The Veteran's tinnitus is granted as service connected. The issues of foot disability and cardiovascular disorder are remanded for additional development.
- Denied
The Veteran's service-connected bronchial asthma does not preclude him from maintaining substantial gainful employment.
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