The Board granted an earlier effective date of October 19, 2016, for the grant of service connection for tinnitus and denied earlier effective dates for other conditions.
The deciding factor: The evidence received within a year of the October 19, 2016, rating decision was new and material as to the issue of entitlement to service connection for tinnitus, which rendered that decision non-final. No such evidence was submitted for TBI, migraines, or shoulder conditions.
- Claimed conditions
- mild neurocognitive disorder due to traumatic brain injury (TBI), tinnitus, right shoulder rotator cuff tendinitis, left shoulder rotator cuff tendinitis, migraines
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 25, 2025
- Citation
- A25027400
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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