The Board dismissed the claims for earlier effective dates for service connection of various conditions, except for left upper extremity radiculopathy which was granted an effective date of August 6, 2014.
The deciding factor: The claims were not permissible under the law as they did not meet the criteria for an earlier effective date.
- Claimed conditions
- lumbar strain with degenerative disc disease and spondylosis L3-L4, bilateral pes planus, tinnitus, posttraumatic stress disorder (PTSD), right ulnar nerve entrapment, cervical strain, left knee strain with degenerative arthritis, macular hole of the right eye with visual defect, right hand degenerative arthritis with shell fragment wounds, degenerative arthritis of the right hip, degenerative arthritis of the left hip, left upper extremity radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 7, 2024
- Citation
- A24063737
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.
- 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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