The Board denied various claims for increased ratings and effective dates, as well as a claim to revise the September 1997 rating decision based on clear and unmistakable error (CUE).
The deciding factor: The evidence did not support the assignment of higher ratings or earlier effective dates for the Veteran's service-connected conditions.
- Claimed conditions
- tinnitus, left ear hearing loss, lumbosacral strain, thoracic spine disability, sciatic radiculopathy of the right lower extremity, sciatic radiculopathy of the left lower extremity, femoral radiculopathy of the left lower extremity, reactive airway disease with chronic obstructive pulmonary disease (COPD), facial scars status-post basal cell carcinoma resection, painful and unstable scars
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 1, 2024
- Citation
- 24032562
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.
- Dismissed
The appeal for a compensable rating for left ear hearing loss, service connection for right ear hearing loss, and bilateral vision condition was dismissed. Service connection for hypertension, congestive heart failure, and coronary artery disease was denied.
- 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.
- Granted
The Board granted service connection for lumbosacral strain, finding that the Veteran's low back injury occurred during a period of active duty for training (ADT) and continued therefrom.
- 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).
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