The Board granted service connection for a forehead scar and denied earlier effective dates for the awards of service connection for migraines, post right hand fracture fifth metacarpal with right hand strain, and tinnitus. The Board also denied initial ratings higher than 10 percent for tinnitus, 50 percent for migraines, and 10 percent for post right hand fracture fifth metacarpal with right hand strain.
The deciding factor: The evidence was approximately evenly balanced as to whether the Veteran's forehead scar is related to service, leading to a grant of service connection. The effective dates were denied due to no unadjudicated formal or informal applications prior to June 9, 2017, and the ratings were denied based on the current severity of the conditions.
- Claimed conditions
- migraines, post right hand fracture fifth metacarpal with right hand strain, tinnitus, forehead scar
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 4, 2024
- Citation
- 24000600
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Partly granted
The Veteran was granted a 70 percent initial disability rating for PTSD effective December 2, 2021, but the claim for an increased rating in excess of 70 percent was denied. The appeal also included claims for service connection and ratings for various conditions, some of which were granted while others were remanded.
- 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.
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