The Veteran's claims for effective dates prior to February 19, 2021 were denied. The Board found that the evidence did not demonstrate a factually ascertainable increase in disability within one year prior to the date of claim.,The Veteran was granted service connection and increased ratings for TBI, bilateral hearing loss, tinnitus, scar on the right side of the head, and residuals headaches as of February 19, 2021. The Board denied claims for earlier effective dates.
The deciding factor: The evidence did not demonstrate a factually ascertainable increase in disability within one year prior to the date of claim.,The Veteran's service-connected TBI was rated as 10 percent disabling at the time of his initial grant of service connection, and there is no medical or lay evidence indicating that it warranted a higher rating prior to February 19, 2021.
- Claimed conditions
- Traumatic Brain Injury (TBI), Bilateral Hearing Loss, Tinnitus, Scar of the Right Side of the Head, Residuals of Headaches, Right Knee Arthritis, Meniscal Tear, Preatellar Bursitis, and Sprain (Right Knee Disability)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 16, 2024
- Citation
- A24066042
Veterans Law Judge
Decisions by this judge: 2,240 · Granted: 28% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 A24066042.
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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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