The Board dismissed the Veteran's appeals for earlier effective dates of July 7, 2017, for the grant of service connection for left ear hearing loss and tinnitus. The appeal for an earlier effective date of July 7, 2017, for the 40% rating for degenerative arthritis and disc disease of the lumbosacral spine was granted with an effective date of July 7, 2017. Appeals for earlier effective dates of October 23, 2017, for service connection for right lower extremity radiculopathy and left lower extremity radiculopathy were also dismissed.
The deciding factor: The Board found that the Veteran's claims for earlier effective dates were procedurally defective due to his submission of a VA Form 10182-Board Appeal in July 2019, which was not eligible for review under the modernized system. The Board also noted that there was no factual basis to grant an earlier effective date as the increase in disability had occurred after the claim.
- Claimed conditions
- tinnitus, left ear hearing loss, degenerative arthritis and disc disease of the lumbosacral spine, right lower extremity radiculopathy, left lower extremity radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- December 20, 2021
- Citation
- A21020286
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 A21020286.
What this means for you
A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot. It says more about procedure than about whether a claim like this can win.
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.
- Granted
The Board has granted service connection for tinnitus, finding that it is at least as likely as not that the Veteran experienced tinnitus during his active duty service.
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