The Veteran's claims for service connection and increased rating for right maxillary sinusitis secondary to fracture zygoma are denied as the earliest effective date is August 1, 2016.
The deciding factor: The claim was received on August 1, 2016, which became the effective date due to the finality of prior decisions and the fact that it is not factually ascertainable that an increase in disability occurred within one year prior to this date.
- Claimed conditions
- Traumatic Brain Injury (TBI), Bilateral Hearing Loss, Tinnitus, Headaches, Ageusia, Anosmia, Aphasia Dysarthria affecting Cranial Nerve V, Aphasia Dysarthria affecting Cranial Nerve VII
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- February 9, 2023
- Citation
- 23008466
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 23008466.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied service connection for bilateral hearing loss and tinnitus, finding that the Veteran's current conditions are not related to his military service.
- Granted
The Veteran's bilateral hearing loss is granted as service-connected. The claims for alcohol abuse and psychiatric disorder are remanded for additional development, including a VA examination to determine the nature and etiology of these conditions.
- Remanded (sent back)
The Board has decided to remand the case due to a need for a new VA examination to assess the current severity of the Veteran's bilateral hearing loss. The issue remains under direct service connection theory.
- Denied
The Veteran's hearing loss was rated at 30 percent, the highest non-compensable rating available. The Board found that his hearing loss did not warrant a higher rating based on VA examinations and medical records.
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