The Board denied the Veteran's claim for an effective date prior to August 1, 2003, for service connection for vertigo based on clear and unmistakable error in a March 1995 rating decision. The Board found that service treatment records unavailable at the time of the 1995 decision were duplicative of records already considered and would not have manifestly changed the outcome.
The deciding factor: The Board concluded that the previously unavailable February 1986 and March 1987 service treatment records either reiterated information already documented in records available in 1995 or did not establish vertigo recurrence, as the light-headedness documented in the March 1987 note was associated with acute gastroenteritis rather than vertigo, and therefore did not meet the high standard for clear and unmistakable error.
- Claimed conditions
- endolymphatic hydrops (vertigo), tinnitus, sensorineural deafness of the left ear, hearing loss of the left ear
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 24, 2025
- Citation
- 25005642
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.
- 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.
- Granted
The Board granted an effective date of April 25, 2022, for the award of service connection for tinnitus and a 100 percent initial rating for PTSD with alcohol use disorder.
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