The Veteran's bilateral foot disability, tinnitus, and degenerative arthritis of the thoracolumbar spine have been granted service connection. The initial rating for tinnitus has been increased to 40 percent, effective January 31, 2017. The effective date for service connection for back disability is set at January 31, 2017.
The deciding factor: The Veteran's bilateral foot disabilities were found to be secondary to his service-connected left ankle and lower extremity conditions. His tinnitus was granted a higher initial rating of 40 percent effective January 31, 2017, as the evidence did not support an extraschedular evaluation. The effective date for service connection for degenerative arthritis of the thoracolumbar spine was set at January 31, 2017.
- Claimed conditions
- bilateral foot disability, tinnitus, degenerative arthritis of the thoracolumbar spine
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- December 28, 2020
- Citation
- 20081094
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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